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Public notices published in the August 6th edition of the Montgomery County Chronicle include . . .

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(Published in the Montgomery County Chronicle on Thursday, March 26, April 2 and April 9, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

Countrywide Home Loans Servicing LP (Plaintiff)
vs.
Kevin Havener a/k/a Kevin Douglas Havener, a/k/a Kevin Douglas; Lilly Havener a/k/a Lilly M. Havener; John Doe (Tenant/Occupant); Mary Doe (Tenant/Occupant); American General Financial Services, Inc.; HSBC Bank USA, National Association, as Trustee for WFHET 2006-2, (Defendants)
Case No. 09CV46I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Suit
The State Of Kansas, to the above-named defendants and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any deceased defendants; the unknown spouses of any defendants; the unknown officers, successors, trustees, creditors and assigns of any defendants that are existing, dissolved or dormant corporations; the unknown executors, administrators, devisees, trustees, creditors, successors and assigns of any defendants that are or were partners or in partnership; the unknown guardians, conservators and trustees of any defendants that are minors or are under any legal disability; and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any person alleged to be deceased, and all other persons who are or may be concerned.
You are notified that a Petition has been filed in the District Court of Montgomery County, Kansas, praying to foreclose a real estate mortgage on the following described real estate:
Lot 7, Block 3, Original City of Independence, Montgomery County, Kansas, commonly known as 404 N. 4th Street, Independence, KS 67301 (the “Property”)
and all those defendants who have not otherwise been served are required to plead to the Petition on or before the 6th day of May, 2009, in the District Court of Montgomery County, Kansas. If you fail to plead, judgment and decree will be entered in due course upon the Petition.

NOTICE
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692c(b), no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose.
Randall Wharton (KS Bar No. 22897)
South & Associates, P.C.
245 N. Waco St., Suite 400
Wichita, KS 67202
Attorneys For Plaintiff
(97368-398689)

* * * *

(Published in the Montgomery County Chronicle on Thursday, March 26, April 2 and 9, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

JP Morgan Chase Bank, National Association (Plaintiff)
vs.
Mike A. Cornett (Defendant)
Case No. 09CV53I
Div. No.
K.S.A. 60
Mortgage Foreclosure

NOTICE OF SUIT
The State of Kansas to: MIKE A CORNETT; JOHN DOE (REAL NAME UNKNOWN); MARY DOE (REAL NAME UNKNOWN) and the unknown heirs, executors, administrators, devisees, trustees, creditors, and assigns of such of the defendants as may be deceased; the unknown spouses of the defendants; the unknown officers, successors, trustees, creditors and assigns of such defendants as are existing, dissolved or dormant corporations; the unknown guardians and trustees of such of the defendants as are minors or are in anywise under legal disability; and all other persons who are or may be concerned:
You are hereby notified that a petition has been filed in the District Court of Montgomery County, Kansas, by JPmorgan Chase Bank, National Association for judgment in the sum of $39,896.93, plus interest, costs and other relief; judgment that plaintiff’s lien is a first lien on the said real property and sale of said property to satisfy the indebtedness, said property described as follows, to wit:
THE SOUTH 80 FEET OF LOT 1, EXCEPT THE WEST 401 FEET, BLOCK 1, SUBDIVISION OF BLOCKS 5 AND 6, HIGHLAND PARK ADDITION TO THE CITY OF INDEPENDENCE, MONTGOMERY COUTNY, KANSAS. Commonly known as 2101 N Pennsylvania Ave, Independence, Kansas 67301
and you are hereby required to plead to said petition in said Court at Independence, Kansas on or before the 10th day of May, 2009.
Should you fail therein judgment and decree will be entered in due course upon said petition.
SHAPIRO & MOCK, LLP

Attorneys for Plaintiff
6
310 Lamar - Ste. 240

Overland Park, KS 66202-4287

(913) 831-3000

Fax No. (913) 831-3320

* * * *

(Published in the Montgomery County Chronicle on Thursday, March 26, April 2 and 9, 2009)

IN THE DISTRICT COURT OF
MONTGOMERY COUNTY, KANSAS

Wells Fargo Bank, NA (Plaintiff)
vs.
David Ryan Ward, et al., (Defendants)
Case No. 08CV177
K.S.A. 60
Mortgage Foreclosure
Division 0

NOTICE OF
SHERIFF’S SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Montgomery, State of Kansas, in a certain cause in said Court Numbered 08CV177, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 02:00 PM, on 04/23/2009, at the Main Door of the Courthouse in Independence, Montgomery County, Kansas the following described real estate located in the County of Montgomery, State of Kansas, to wit:
LOT 4, BLOCK 1 COUNTY CLERKS PLAT TO SUNSET VILLAGE A PART OF THE NE 4 OF SECTION 12, TOWNSHIP 33, RANGE 15
Robert Dierks, sheriff
Montgomery County, Kan.
Sara Knittel, # 23624
Erika Knapstein, # 23882
Clinton P. Woerth, # 19609
Kozeny & McCubbin, L.C.
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
Email: sknittel@km-law.com
Attorney for Plaintiff

* * * *

(Published in the Montgomery County Chronicle on Thursday, March 26, April 2 and 9, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

Wells Fargo Bank, NA (Plaintiff)
vs.
William Gary Williams [deceased], et al., (Defendants)
Case No. 09CV19I
K.S.A. 60
Mortgage Foreclosure
Division 0

NOTICE OF
SHERIFF’S SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Montgomery, State of Kansas, in a certain cause in said Court Numbered 09CV19I, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 02:00 PM, on 04/23/2009, at the Main Door of the Courthouse in Independence, Momtgomery County, Kansas, the following described real estate located in the County of Montgomery, State of Kansas, to wit:
BEGINNING AT THE SE CORNER OF SECTION 29, TOWNSHIP 34 SOUTH, RANGE 15 EAST, THENCE NORTH 650.75 FEET, WEST 1205 FEET, SOUTH 650.75 FEET, EAST 1205 FEET TO THE POINT OF BEGINNING, MONTGOMERY COUNTY, KANSAS.
Robert Dierks, sheriff
Montgomery County, Kan.
Sara Knittel, # 23624
Erika Knapstein, # 23882
Clinton P. Woerth, # 19609
Kozeny & McCubbin, L.C.
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
Email: sknittel@km-law.com
Attorney for Plaintiff

* * * *

(Published in the Montgomery County Chronicle on Thursday, March 26, 2009)

NOTICE OF UNIFIED SCHOOL DISTRICT
GENEAL ELECTION
Notice is hereby given in accordance with K.S.A. 25-2018 (d) that a School General Election will be held in Montgomery County on April 7, 2009.
The following Unified School District and the positions to be elected are as follows:
Unified School District No. 436
(Elect one from each position)
District A, Position 1-Robert A. Hawthorne

District A, Position 2 - Mark Atherton
District A, Position 2 - Rick Pell

District B, Position 3- Tim E Rigdon
District B, Position 3- Darlene Sanders
The polls will open from 7:00 A.M. to 7:00 P.M. The voting places and the areas each voting place is to serve are as follows:
CANEY CITY
1st, 2nd, 3rd, 4th, Wards - First Baptist Church, 900 S. Ridgeway
CANEY TOWNSHIP
Havana Precinct - Havana Grange Hall
Tyro Precinct - Tyro Christian Church
FAWN CREEK TOWNSHIP
Tyro Precinct - Tyro Christian Church
INDEPENDENCE TOWNSHIP
1st Precinct - Independence Community College, Foyer of Fine Arts Building
RUTLAND TOWNSHIP
Wayside Christian Church
CHAUTAQUA/NIOTAZE
Peru Senior Center, 107 S. Main, Peru
Dated at Independence, Kansas this 25th day of March, 2009.
s/Charlotte A Scott Schmidt
Montgomery County Clerk/Election Officer

* * * *

(Published in the Montgomery County Chronicle on Thursday, March 26, 2009)

NOTICE OF UNIFIED SCHOOL DISTRICT
GENEAL ELECTION
Notice is hereby given in accordance with K.S.A. 25-2018 (d) that a School General Election will be held in Montgomery County on April 7, 2009.
The following Unified School District and the positions to be elected are as follows:
Unified School District No. 447
Three (3) regular terms and One (1) unexpired term
Kenny Baker
Richard R Basham
Michael S. Blake
Gina L. Booe
Jasmin Forman
Robert John
Jeff Menzer
Randall L Studebaker
Bruce L. Thornton
Tina M. Cunningham (unexpired)
The polls will open from 7:00 A.M. to 7:00 P.M. The voting places and the areas each voting place is to serve are as follows:
CHERRYVALE CITY
1st Ward - Senior Citizen Building, 207 E. Main
2nd Ward - Logan Park Building, 501 Park St.
CHERRY TOWNSHIP
Logan Park Building, 501 Park St.
DRUM CREEK TOWNSHIP
Class LTD Building, 1120 E. Main, Independence
LIBERTY TOWNSHIP
Liberty Township Hall
WEST CHERRY TOWNSHIP
Sycamore Township Hall
Dated at Independence, Kansas this 25th day of March, 2009.
s/Charlotte A Scott Schmidt
Montgomery County Clerk/Election Officer

* * * *

(Published in the Montgomery County Chronicle on Thursday, March 26, 2009)

NOTICE OF COMMUNITY COLLEGE GENEAL
ELECTION
Notice is hereby given in accordance with K.S.A. 71-1414 and K.S.A.71-1418 that a Community College General Election will be held in Montgomery County on April 7, 2009.
The Community College District and the positions to be elected are as follows:
Coffeyville Community College
(Three (3) regular terms)
The candidates are as follows:
Blake Allen
Ronnie L. Allison
Bill Lay
Becky L. Medley
Betty L. Nellis
Max Williams
The polls will open from 7:00 A.M. to 7:00 P.M. The voting places and the areas each voting place is to serve are as follows:
CANEY CITY
1st, 2nd, 3rd, 4th, Wards-First Baptist Church, 900 S. Ridgeway
COFFEYVILLE CITY
1st, 2nd, 3rd, 7th, 8th, 9th, 10th Precincts - Youth Activity Center, 502 Walnut
4th, 5th, 6th, 11th, 12th, 13th Precincts - Grace Fellowship Church, 2455 Woodland
CANEY TOWNSHIP
Havana Precinct - Havana Grange Hall
Tyro Precinct - Tyro Christian Church
CHEROKEE TOWNSHIP
Cherokee Township Hall (Clymore School)
FAWN CREEK TOWNSHIP
Dearing Precinct - Dearing City Hall
Tyro Precinct - Tyro Christian Church
INDEPENDENCE TOWNSHIP
1st Precinct-Independence Community College, Foyer of Fine Arts Building
LIBERTY TOWNSHIP
Liberty Township Hall
PARKER TOWNSHIP
1st Precinct - Grace Fellowship Church, 2455 Woodland
2nd Precinct - Parker Township Hall (Cedar Bluff School)
RUTLAND TOWNSHIP
Wayside Christian Church
Dated at Independence, Kansas this 25th day of March, 2009.
s/Charlotte A Scott Schmidt
Montgomery County Clerk/Election Officer

* * * *

(Published in the Montgomery County Chronicle on Thursday, March 26, 2009)

NOTICE OF COMMUNITY COLLEGE GENERAL
ELECTION
Notice is hereby given in accordance with K.S.A. 71-1414 and K.S.A.71-1418 that a Community College General Election will be held in Montgomery County on April 7, 2009.
The Community College District and the positions to be elected are as follows:
Independence Community College
(Three (3) regular terms and One (1) unexpired term)
The candidates are as follows:
Norman Chambers
Jim Dittmer
Dan Dollison
Lisa S. Drumeller
Tim Emert
Jim George
Gordon McDaniel
Tom Tyler
Mickey D. Lewis (unexpired term)
Bill Rollison (unexpired term)
The polls will open from 7:00 A.M. to 7:00 P.M. The voting places and the areas each voting place is to serve are as follows:
CHERRYVALE CITY
1st Ward - Senior Citizen Building, 207 E. Main
2nd Ward - Logan Park Building, 501 Park St.
INDEPENDENCE CITY
1st Precinct, 1st Ward - Memorial Hall Civic Center, (North Door)
2nd Precinct, 1st Ward - Memorial Hall Civic Center, (North Door)
1st Precinct, 2nd Ward - Crystalbrook Church, 801 W. Chestnut (Gibson Building)
2nd Precinct, 2nd Ward - Crystalbrook Church, 801 W. Chestnut (Gibson Building)
1st Precinct, 3rd Ward - Crystalbrook Church, 801 W. Chestnut (Gibson Building)
2nd Precinct, 3rd Ward - Crystalbrook Church, 801 W. Chestnut (Gibson Building)
1st Precinct, 4th Ward - Crystalbrook Church, 801 W. Chestnut (Gibson Building)
2nd Precinct, 4th Ward - Crystalbrook Church, 801 W. Chestnut (Gibson Building)
1st Precinct, 5th Ward - Memorial Hall Civic Center, (North Door)
2nd Precinct, 5th Ward - Memorial Hall Civic Center, (North Door)
1st Precinct, 6th Ward - Memorial Hall Civic Center, (North Door)
2nd Precinct, 6th Ward - Memorial Hall Civic Center, (North Door)
CHERRY TOWNSHIP
Logan Park Building, 501 Park St.
DRUM CREEK TOWNSHIP
Class LTD Building, 1120 E. Main, Independence
FAWN CREEK TOWNSHIP
Tyro Precinct - Tyro Christian Church
INDEPENDENCE TOWNSHIP
1st Precinct - Independence Community College, Foyer of Fine Arts Building
2nd Precinct - USDA Service Center, 410 Peter Pan Road, Independence
LIBERTY TOWNSHIP
Liberty Township Hall
LOUISBURG TOWNSHIP
Community Building, 125 S. Montgomery, Elk City
RUTLAND TOWNSHIP
Wayside Christian Church
SYCAMORE TOWNSHIP
Sycamore Township Hall
WEST CHERRY TOWNSHIP
Sycamore Township Hall
Dated at Independence, Kansas this 25th day of March, 2009.
s/Charlotte A Scott Schmidt
Montgomery County Clerk/Election Officer

* * * *

(Published in the Montgomery County Chronicle on Thursday, March 12, 19 and 26, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

FIRST HORIZON HOME LOANS, a Division of First Tennessee Bank National Association (Plaintiff)
vs.
JAMMIE ERNEST; and the Unknown Heirs, Executors, Administrators, Devisees, Trustees, Creditors and Assigns of Each of the Defendants as may be Deceased; the Unknown Spouses of the Defendants; the Unknown Officers, Successors, Trustees, Creditors and Assigns of Such of the Defendants as are Existing, Dissolved or Dormant Corporations; the Unknown Executors, Devisees, Trustees, Creditors, Successors and Assigns of Such of the Defendants as are or were Partners or in any Partnership; the Unknown Guardians Conservators and Trustees of Such of the Defendants as are Minors or in Anywise Under Legal Disability (Defendants)
Case No. 09-CV-44 I

NOTICE OF SUIT
TO: THE ABOVE-NAMED DEFENDANTS AND ALL OTHER PERSONS WHO ARE OR MAY BE CONCERNED:
You are hereby notified that a Petition has been filed in the District Court of Montgomery County, Kansas, by First Horizon Home Loans, a Division of First Tennessee Bank National Association, praying for foreclosure of real estate mortgage on the following described real estate, to wit:
LOTS 5 AND 6, BLOCK 12, BRADEN’S ADDITION TO THE CITY OF CANEY, MONTGOMERY COUNTY, KANSAS
and you are hereby required to plea to said Petition on or before the 24th day of April, 2009, in said Court at Independence, Montgomery County, Kansas. Should you fail therein, judgment and decree will be entered in due course upon said Petition.
FIRST HORIZON HOME LOANS, a Division of First Tennessee Bank National Association,Plaintiff
ELDON L. GAY #08172
2933 SW Woodside Drive
Topeka, Kansas 66614
(785) 272-2607
Attorney for Plaintiff

* * * *

(Published in the Montgomery County Chronicle on Thursday, March 19, 26 and April 2, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

Countrywide Home Loans Servicing LP (Plaintiff)
vs.
Sharon L. Kinnamon; Richard D. Alvarez; Unknown Spouse, if any, of Sharon L. Kinnamon; Unknown Spouse, if any, of Richard D. Alvarez; John Doe (Tenant/Occupant); Mary Doe (Tenant/Occupant), (Defendants)
Case No. 09CV42I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Suit
The State Of Kansas, to the above-named defendants and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any deceased defendants; the unknown spouses of any defendants; the unknown officers, successors, trustees, creditors and assigns of any defendants that are existing, dissolved or dormant corporations; the unknown executors, administrators, devisees, trustees, creditors, successors and assigns of any defendants that are or were partners or in partnership; the unknown guardians, conservators and trustees of any defendants that are minors or are under any legal disability; and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any person alleged to be deceased, and all other persons who are or may be concerned.
You are notified that a Petition has been filed in the District Court of Montgomery County, Kansas, praying to foreclose a real estate mortgage on the following described real estate:
South 10 Feet of Lot 77 and All of Lot 78, Belmont Addition to The City of Independence, Montgomery County, Kansas, commonly known as 1221 N. Park Boulevard, Independence, KS 67301 (the “Property”)
and all those defendants who have not otherwise been served are required to plead to the Petition on or before the 29th day of April, 2009, in the District Court of Montgomery County, Kansas. If you fail to plead, judgment and decree will be entered in due course upon the Petition.

NOTICE
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692c(b), no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose.
Mark Mellor (KS Bar No. 10255)
South & Associates, P.C.
245 N. Waco St., Suite 400
Wichita, KS 67202
Attorneys For Plaintiff
(97278-398412)

* * * *

(Published in the Montgomery County Chronicle on Thursday, March 19, 26 and April 2, 2009)

IN THE DISTRICT COURT OF
MONTGOMERY COUNTY, KAN.,
CIVIL DEPARTMENT

Bank of America, National Association (Plaintiff)
vs.
Lynn Johnson, et al. (Defendants)
Case No. 08CV122I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on April 9, 2009, at 2:00 PM, the following real estate:
Commencing 949.37 feet South and 549.31 feet East of the NW corner of the NE/4 of the SW/4 of Section 33, Township 34 South of Range 16 East of the 6th P.M., thence South 361.4 feet, thence East 70 feet, thence North 361.4 feet, thence West to place of beginning, Montgomery County, Kansas, commonly known as 3509 W. 4th, Coffeyville, KS 67337 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Robert Dierks, sheriff
Montgomery County, Kan.
South & Associates, P.C.
Mark Mellor (KS #10255)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600 • (913) 663-7899 (Fax)
Attorneys For Plaintiff (90758)

* * * *

(Published in the Montgomery County Chronicle on Thursday, March 19, 26 and April 2, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

Bank of America, N.A. (Plaintiff)
vs.
Rusty Winebrenner, et al. (Defendants)
Case No. 09CV22I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on April 9, 2009, at 2:00 PM, the following real estate:
Lot 7, Block 3, Hill and Sutter’s First Addition to the City of Independence and adjacent vacated alley, Montgomery County, Kansas., commonly known as 412 S. Wald Avenue, Independence, KS 67301 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Robert Dierks, sheriff
Montgomery County, Kansas
South & Associates, P.C.
Tricia M. Oldridge (KS #18213)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600 • (913) 663-7899 (Fax)
Attorneys For Plaintiff (95906)

* * * *

(Published in the Montgomery County Chronicle on Thursday, March 12, 19 and 26, 2009)

IN THE DISTRICT COURT OF
MONTGOMERY COUNTY, KAN.

HSBC Bank USA, National Association, as Trustee for WFHET 2006-2 (Plaintiff)
vs.
Kevin Douglas Havener AKA Kevin Douglas, et al., (Defendants)
Case No. 09CV9I
K.S.A. 60
Mortgage Foreclosure
Division 0

NOTICE OF
SHERIFF’S SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Montgomery, State of Kansas, in a certain cause in said Court Numbered 09CV9I, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 02:00 PM, on 04/09/2009, at the Main Door of the Courthouse in Independence, Montgomery County, Kansas, the following described real estate located in the County of Montgomery, State of Kansas, to wit:
BEGINNING AT THE NE CORNER OF LOT 1, WESTSIDE ADDITION, THENCE SOUTH 140 FEET, WEST 50 FEET, NORTH 140 FEET, EAST 50 FEET TO THE POINT OF BEGINNING, CITY OF INDEPENDENCE, MONTGOMERY COUNTY, KANSAS
Robert Dierks, sheriff
Montgomery County, Kan.
Respectfully Submitted,
Sara Knittel, # 23624
Erika Knapstein, # 23882
Clinton P. Woerth, # 19609
Kozeny & McCubbin, L.C.
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
(314) 991-0255 • (314) 567-8006

BY ANDY TAYLOR
Montgomery County Chronicle

CANEY — City councilors Monday night agreed to put time, attention, and some taxpayer money into improving city parks this spring.

It’ll mean new picnic tables and benches, some new playground features, and repairs to a skateboard park — complementing the recently completed electrical upgrades at Wark Memorial Park.

Councilors agreed with a recommendation from city administration Don Whitman to apply for a state grant, administered through the Kansas Department of Health and Environment, to purchase eight benches and eight picnic tables made out of recycled tires. The total cost of the new benches and tables will be $5,424 with the grant paying 50 percent — or about $2,712 — while the remainder is paid through the citys’ park and recreation fund.

Whitman said several tables and benches will be placed at the Caney Swimming Pool.

The parks and recreation fund — which has a current balance of about $42,000 — will be tapped into to pay for new playground equipment. Under consideration by the council was the purchase of playground equipment geared toward smaller children. A Town Mushroom Kottage, geared for children age 9 months to 2 years); a Tea Cup Merry Go Round, for ages 5-12; and a Discovery Center, for ages 2-5, will be purchased at a total cost of $10,236. Mayor Dale McBride said he was hopeful to have the new playground equipment erected in time for the Mayfest celebration in late May.

Councilor Joe Taylor, whose ward includes North Park on North Wood Street, reminded Whitman, McBride and the rest of the council to pay attention to the needs of North Park.

“There are a lot more people who use North Park than what there used to be,” said Taylor. “Things are looking better there. So, let’s not forget about North Park.”

On a related note, councilor Jason Moore said several pieces of equipment at the skateboard park, located at Ridgeway and Fifth streets, were in need of repair or replacement.

Whitman said that because the skateboard park has been in operation for about three years, it would be a good time to consider replacing some of the broken or bent ramps and rails at the skateboard park. A special fund established solely for the creation of that skateboard park still has about $1,470 remaining in it, councilors were told.

“The whole thing looks pretty trashy,” said Moore of the skateboard park. “One of the ramps looks bent. There appears to be a homemade wooden ramp there, and some of the equipment has been removed and placed in the grass. I am still in favor of anchoring all the stuff down to the cement pad.”

Whitman said city crews would look at the condition of the skateboard park in the coming days.

Walt Moore, city superintendent, said city crews also would be in Wark Memorial Park this week to paint and cleanup the restroom facilities and provide other maintenance at the park.

He also noted that the electrical system upgrade at Wark Memorial Park was nearing completion.

(Published in the Montgomery County Chronicle on Thursday, Feb. 26, 2009)

CITY OF CHERRYVALE
AN ORDINANCE AMENDING CHAPTER ONE OF THE CITY CODEBOOK

ORDINANCE NO. 09-4573
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CHERRYVALE, KANSAS:

ARTICLE 1. BOARD OF
COUNCIL MEMBERS
1-101. GOVERNING BODY.
The board of council members shall constitute the governing body of the city and shall consist of the mayor and four council members.Source: Charter Ordinance 00-21, Section 2.B.
1-102. ELECTION TO OFFICE
(a) The City Council shall divide the City into wards, which shall be as equal in population as is practical, establish the boundaries thereof and number the same for the purpose of providing separate polling places for the population of the City to vote. The territory of each ward shall be contiguous and compact.
(1) Names. The City of Cherryvale, with its lawfully established additions, be and the same is hereby divided into two wards, designated respectively as “First” and “Second” ward.
(2) Boundaries.
a. The First Ward shall consist of all that portion of the city lying east of the center line of the South East Kansas Railroad Company’s right of way; and
b. The Second Ward shall consist of all that portion of the city lying west of the center line of the South East Kansas Railroad Company’s right of way.
(b) The City Council of the City of Cherryvale, Kansas shall consist of four members and a mayor. Two council members shall be residents of the First Ward. Two council members shall be members of the Second Ward. The mayor may be from either ward. All Council members and the mayor shall be elected by the City at large. Each voter shall have one vote for each City Council and/or mayor seat that is up for election. A number of Council members shall be elected based upon each candidate’s vote total with such number being equal to the available number of Council seats. Source: Charter Ordinance 00-21.
1-103. QUALIFICATIONS FOR OFFICE.
The mayor and each of the council members shall be at least eighteen (18) years of age, a citizen of the United States, and a qualified elector of the City of Cherryvale.
1-104. HOLDING OTHER OFFICE.
No member of the governing body shall hold any elected office under the laws of any State or of the United States or political subdivision of the state of Kansas nor shall any governing body member be appointed to any non-elected position until one year has lapsed since they served as a member of the governing body.
1-105. VACANCIES; REMOVALS.
(a) Vacancy in office of mayor or council member, how filled; president of council. When any vacancy shall happen in the office of mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the president of the council for the time being shall exercise the office of mayor, with all the rights, privileges and jurisdiction of the mayor, other than the appointment of officers pursuant, until such vacancy be filled or such disability be removed, or, in case of temporary absence, until the mayor shall return. During the time the president of the council shall exercise the office of the mayor, the president shall receive the same compensation that the mayor would be entitled to; and in case of vacancy, other than a temporary absence or disability, the person exercising the office of mayor shall become mayor. Thereupon the council shall elect from its membership a new president of the council. Whenever a vacancy shall occur in the office of council member, the governing body shall appoint an elector of the ward where the vacancy occurs to be council member for the balance of the unexpired term.
(a) The resignation of the Mayor or any council member shall be made in writing to the council for their action thereon;
(b) If the mayor or any council member shall remove from the territorial limits of the City, such removal shall ipso facto, be deemed to create a vacancy in his or her office. Source: Charter Ordinance 96-20, Section 5. See also, K.S.A. 14-308.
1-106. MAYOR: POWERS; DUTIES.
The Mayor shall have all powers and duties granted or implied by Kansas Statutes Annotated for mayors of cities of the second class as modified by City of Cherryvale Charter Ordinances. The Council Members shall annually select form the membership of the council members a President who shall perform the duties of the mayor in the absence of the Mayor.
The Mayor shall preside at all meetings of the City Council, and shall have a casting vote when the Council is equally divided and none other, and shall have the superintending control of all the officers and affairs of the city, and shall take care that the ordinances of the city and this act are complied with.
The Mayor may appoint various commission, board, and committee members from time to time with the consent of the council. Any commission, board, or committee appointment sent to council must be confirmed within 30 days or the appointment becomes null and void. The council may reject an appointment with or without cause and no further explanation shall be needed. The Mayor may cast the tie breaking vote in a case where the council is split. Source: K.S.A. 14-301; Charter Ordinance 96-20, Section 5.
1-108. Not in active use. Charter Ordinance 96-20.
1-109. COUNCIL: GENERAL POWERS.
The council shall set policy and have general oversight over all departments of the city, and shall have the power to make and enforce such rules and regulations as they may deem fit and proper for and concerning the organization, management and operation of all the departments of the city, and whatever agencies may be created for the administration of its affairs. The Council shall have such other and further powers, and perform such other duties as are now conferred upon cities of the second class in the State of Kansas.
1-110. Not in active use. Charter Ordinance 96-20
1-111. EMERGENCY GOVERNMENT.
In the event of a catastrophe in which all, or a majority of the members of the governing body are fatally injured, the interim governing body shall be composed of any surviving member, the City Attorney, and the City Clerk.
1-112. REGULAR MEETINGS; SPECIAL MEETINGS; QUORUM.
(a) A regular meeting of the Council shall be held at 7:00 p.m. on the third Monday of each of month, or the Tuesday following the third Monday if a City Holiday falls on the third Monday. 

(b) A regular council workshop shall be held at 7:00 p.m. on the first Monday of each month, or the Tuesday following the first Monday if a City Holiday falls on the first Monday.
(c) Special meetings may be called by the Mayor or any one council member, with the following requirements:
(1) the request must be in writing,
(2) the object and purpose of such meeting shall be clearly stated,
(3) an agenda must be attached or incorporated into the request, and
(4) the request shall be read at the meeting, and entered at length on the journal.
(5) No action shall be transacted at the special meeting except that mentioned in the agenda/notice of special meeting.

(d) At all regular and special meetings of the Council, a majority of the Council Members elect and the Mayor shall be required to constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as the Council by ordinance may have previously prescribed.
1-113. SALARIES OF MAYOR AND COUNCIL MEMBERS; EXPENSES.
(a) Salary. The salary of the mayor shall be $250.00 per month. The salary of each council member shall be $200.00 per month.

(b) Expenses. Payment for any out of pocket expenses shall be approved in advance, unless later approved by the Council.

ARTICLE 2. APPOINTED
OFFICERS & EMPLOYEES
1-201. APPOINTED CITY OFFICERS.
(a) During the first Regular meeting in May of each year, the Mayor shall appoint, by and with the consent of the Council the Municipal Judge. If the Council is split on any confirmation the Mayor may break the tie. The council may reject an appointment with or without cause and no explanation shall be needed. In the event that any position becomes vacant the Mayor with the Consent of the council shall appoint a qualified individual to serve out the rest of the term. 

(b) Based on the recommendation of the City Administrator, the Mayor shall appoint with the consent of the Council the City Attorney, City Clerk, Police Chief, Fire Chief/EMS Director, and Director of Public Works. The appointments shall be made during the first regular Council meeting in May of even numbered years, and shall last for a period of two years. If the Council is split on any confirmation the Mayor may break the tie. The council may reject an appointment with or without cause and no explanation shall be needed. In the event that any position becomes vacant the City Administrator shall appoint an acting officer for a period not to exceed six month. Any service past six month shall require action of the City Council.

(c) The appointment of other employees shall be provided for by ordinance.
1-202. APPOINTIVE OFFICE QUALIFICATIONS.
(a) No person shall be eligible to any appointive office unless he shall be a bona fide resident of the State of Kansas. Provided that the City Administrator, Police Chief, Fire Chief, City Clerk, and Public Works Director must live within the City of Cherryvale or within the three (3) miles surrounding the city, unless otherwise authorized by the City Council:
(1) The City may hire non-resident expert employees, or appoint non-residents as City Attorney, Municipal Judge, and as law enforcement officers when deemed necessary, including the appointment of non-residents who also serve as City Attorney, Municipal Judge, or law enforcement officers of another municipality or public agency;
(2) The City Attorney shall be a qualified elector of the state of Kansas. Deputy City Attorneys shall not be required to be a resident of the state of Kansas, but shall be admitted to practice law within the State of Kansas or applicable jurisdiction.
(3) Nothing herein shall authorize the appointment of non-residents of this State to any office within the City; although an officer shall be given six months for the date of his or her appointment to meet the residency requirement or as specified (2).
(b) The City Clerk shall record all appointments in the City Council Minutes.The Council may require all City officers, elected or appointed to take and subscribe an oath or affirmation and give bond and/or security for the faithful performance of their duties.
1-203. TERM OF OFFICE. Not in active use. Charter Ordinance 96-20, Section 4.
1-204. VACANCIES IN OFFICE.
1-205 APPOINTIVE OFFICE SALARIES.
The Council by a majority vote, shall set the minimum and maximum salaries and compensation for appointed officers and employees by resolution. The City Administrator shall set the specific salary and compensation within the range designated by the resolution.
1-206. CITY ADMINISTRATOR: POWERS, DUTIES.
Appointment: The City Council shall appoint a City Administrator, who shall be the chief executive officer of the city. He or she shall be a person of demonstrated administrative ability with experience in a responsible, important executive capacity and shall be chosen solely on the basis of his or her executive and administrative qualifications and knowledge of accepted practices for this position.
Assistant City Administrator: With the consent of the City Council, the City Administrator shall designate an Assistant City Administrator to exercise the powers and perform the duties of City Administrator during any temporary absence or disability of the City Administrator.
Compensation and Tenure: The City Administrator shall receive a salary fixed by the Council. He or she shall be appointed for an indefinite term and shall serve at the pleasure of the Council, subject only to the terms of his or her contract.
Powers: The City Administrator shall be responsible to the Council for the proper and efficient administration of all affairs of the city under his or her jurisdiction, and shall, subject to the provisions of the personnel policies of this city and other ordinances, have the power to appoint, assign, reassign, discipline, and remove all directors or heads of departments and all employees under his or her jurisdiction.
Duties: The City Administrator shall have the power and it shall be his or her duty:
(a) To execute and enforce all laws, ordinances, resolutions, and policies of the Council and to administer the affairs of the city.
(b) To sign all contracts binding the city, unless Council approval of the contract or subject matter is required by city ordinance or resolution, state or federal law, or other city officers or employees are specifically authorized by ordinance to approve and sign the contracts. This authority is subject to all legal and administrative reviews and approvals otherwise required by city ordinance. The City Administrator may also sign contracts that require council approval, after approval has been obtained.
(c) To attend all meetings of the Council, unless excused, and such meetings of boards and commissions as he or she chooses or which he or she is directed to attend by the Council, and to participate in discussions at such meetings.
(d) To recommend to the Council such measures and ordinances as he or she may deem necessary or expedient and to make such other recommendations to the Council concerning the affairs of the city as he or she finds desirable.
(e) To investigate affairs of the city under his or her supervision, or any franchise or contract for the proper performance of any obligation to the city within his or her jurisdiction.
(f) To control and administer the financial affairs of the city.
(g) To prepare an annual budget for submission to the Council.
(h) To prepare or cause to be prepared the plans, specifications, and contracts for work which the
Council may order.
(i) To supervise the purchasing of materials and supplies, to make recommendations to the
Council in connection with the awarding of public contracts, and to see that all city contracts under his or her direction, or that of the Council, are faithfully performed.
(j) To prepare and submit to the Council such reports as it may require or that the City Administrator deems appropriate.
(k) To keep the Council at all times fully advised as to the financial condition and needs of the city.
(l) To prescribe such general rules and regulations as he or she may deem necessary or expedient to the general conduct of the departments under his or her jurisdiction.
(m) When directed by the Council, to represent the city in its intergovernmental relations and to negotiate contracts for joint governmental actions, subject to Council approval.
(n) To be the City Administrator’s sole employment, except as otherwise authorized by the City Council or the City Administrator’s employment contract.
(o) To perform such other duties as may be prescribed by ordinance or resolution.
(p) To provide the Council members a written report of the city’s financial condition and administrative activities for the prior fiscal year.
(q) To recommend organization of departments and divisions in the most efficient and economical manner.
(r) To prepare and set the agenda for the conduct of business at Council meetings.
1-207. CITY ATTORNEY; DUTIES.
The City Attorney, or his or her deputy, shall represent the city in all proceedings instituted in any court within the State of Kansas, by or against the city. He shall draft or approve all ordinances for the city when instructed to do so by the majority of the council or the City Administrator; he shall draft or approve all bonds, contracts, leases and such other instruments as may be required by the city. He shall advise the council, their committees, and all Officers of the city upon such legal questions affecting any of them as may be submitted to him and furnish his written opinion when requested to do so by the council or City Administrator. He or she shall perform such other professional services incident to his office as may be required by the Council or City Administrator. The City Attorney may appoint deputy city attorneys from time to time with the approval of the City Administrator or the City Council. He or she shall report in writing at the close of his official term, if requested, the proceedings in all cases during the year and the nature and condition of each, except he shall not be required to a make report covering municipal court.
1-208. CITY ATTORNEY; REMOVAL. The City Attorney may be removed with or without cause by a majority vote of the Council. Amended by 07-4518
1-209 CITY CLERK; DUTIES. The duties of the City Clerk of the City of Cherryvale shall include, in addition to other duties as assigned by the Governing Body and/or the City Administrator;
(a) The City Clerk of Cherryvale, Kansas shall direct and coordinate activities of the City Clerk’s Office of the City of Cherryvale, in accordance with state laws and the authority delegated by the Governing Body and/or the City Administrator of the City of Cherryvale, Kansas.
(b) The City Clerk shall recommend rules and regulations for the department for approval by the City Administrator and the Governing Body of the City of Cherryvale.
(c) The primary functions of the City Clerk shall be to attend all meetings of the Council and make a record of its proceedings; keep the corporate seal; properly endorse and separately file all bills, orders, resolutions, ordinances, petitions, bonds and other papers introduced, passed or presented to the Council in such a manner as to be readily accessible for reference; keep a cash journal and ledger in which he or she shall keep the accounts of the city. All documents of such Clerk shall be open to inspection at all times, and he or she shall make a detailed written report to the Council at the end of each month of all moneys, accounts, receipts and disbursements.
(d) In order to administer the daily activities of the City Clerk’s Office of the City of Cherryvale, it is expected that the City Clerk will:
(1) Maintain an open door policy and be accessible to the public.
(2) Maintain a professional appearance at all times.
(3) Maintain a professional department.
(4) Establish a proactive program to ensure excellent customer service.
(e) In addition to other duties described herein, the City Clerk shall:
(1) Coordinate internal investigations of members of the department for alleged wrong doing; and
(2) May suspend, demote, or terminate members of the department, with the approval of the City Administrator; and
(3) Approve the hiring and promotion of members of the department, with the approval of the City Administrator; and
(4) Have control over and be responsible for the care and condition of all departmental equipment. It shall be the duty of the City Clerk to see that such equipment is at all times properly maintained, and to submit a written report as to its condition to the City Administrator on July 1st of each year.
(5) The City Clerk shall also coordinate the training of members of the department and the maintenance of the department’s records.
(f) The City Clerk shall adopt all prudent measures for the prevention of fraud.
(g) The City Clerk position is an at-will appointment and the appointment may be terminated at anytime by either the City of Cherryvale or the employee. The City Administrator or Governing Body may suspend or terminate the City Clerk with or without cause.
1-210. CITY TREASURER; DUTIES.
The City Clerk shall appoint a City Treasurer with the authorization of the City Administrator. The City Treasurer shall have charge of the moneys belonging to the city, derived from taxation, licenses and of all departments of the city which shall be kept by the City Treasurer in a depository designated by the Council and the moneys so derived and paid to the City Treasurer shall be by him or her kept in the various funds and shall not be paid out of any of the funds, except upon order or draft signed by the mayor and countersigned by the City Clerk, under the seal of the city and which shall designate which fund the order is drawn from; the City Treasurer shall also make report to the Council monthly and shall prepare quarterly the financial statement for publication for said city and the City Treasurer shall check his or her accounts with the city depository at least once every month and render such other and additional statements and accounts to the Council and City Administrator as they shall from time to time so order.
1-211 DIRECTOR OF PUBLIC WORKS; DUTIES. The duties of the Director of Public Works of the City of Cherryvale shall include, in addition to other duties as assigned by the Governing Body and/or the City Administrator;
(a) The Director of Public Works of Cherryvale, Kansas shall direct and coordinate activities of the Public Works Department of the City of Cherryvale, in accordance with state laws and the authority delegated by the Governing Body and/or the City Administrator of the City of Cherryvale, Kansas.
(b) The Director of Public Works shall recommend rules and regulations for the department for approval by the City Administrator and the Governing Body of the City of Cherryvale.
(c) The Director of Public Works shall have the immediate supervision of the care, repair and upkeep of all streets, alleys, culverts and bridges within the City. He shall have under his care and control the city’s cemetery and shall perform or cause to be performed herein, all the duties heretofore devolving upon the sexton, including the opening and closing of graves. He shall supervise the care of Logan Park and Lake Tanko and all buildings and equipment therein.
(d) In order to administer the daily activities of the Public Works Department of the City of Cherryvale, it is expected that the Director of Public Works will:
(1) Maintain an open door policy and be accessible to the public.
(2) Maintain a professional appearance at all times.
(3) Maintain a professional department.
(4) Establish a proactive program for maintenance of the city streets, parks, water distribution system, storm water system, and sanitary sewer system.
(e) In addition to other duties described herein, the Director of Public Works shall:
(1) Coordinate internal investigations of members of the department for alleged wrong doing; and
(2) May suspend, demote, or terminate members of the department, with the approval of the City Administrator; and
(3) Approve the hiring and promotion of members of the department, with the approval of the City Administrator; and
(4) Have control over and be responsible for the care and condition of all departmental equipment. It shall be the duty of the Director of Public to see that such equipment is at all times properly maintained, and to submit a written report as to its condition to the city administrator on July 1st of each year.
(5) The Director of Public Works shall also coordinate the training of members of the department and the maintenance of the department’s records.
(f) The Director of Public Works position is an at-will appointment and the appointment may be terminated at anytime by either the City of Cherryvale or the employee. The City Administrator or Governing Body may suspend or terminate the Director of Public Works with or without cause.
1-212 CHIEF OF POLICE; DUTIES. The duties of the Chief of Police of the City of Cherryvale shall include, in addition to other duties as assigned by the Governing Body and the City Administrator;
(a) The Chief of Police of Cherryvale, Kansas shall direct and coordinate activities of the municipal police department of the City of Cherryvale, in accordance with state laws and the authority delegated by the Governing Body and the City Administrator of the City of Cherryvale, Kansas.
(b) The Chief of Police shall recommend rules and regulations for the department for approval by the City Administrator and the Governing Body of the City of Cherryvale.
(c) The primary function of the Chief of Police shall be to coordinate and administer daily police activities and personnel engaged in enforcing the Laws of the State of Kansas and the Ordinances of the City of Cherryvale.
(d) In order to administer the daily police activities of the City of Cherryvale, it is expected that the Chief will:
(1) Maintain an open door policy and be accessible to the public.
(2) Maintain a professional appearance at all times.
(3) Maintain a professional department.
(4) Maintain the lead role in the investigations of crimes and assist other officers in their duties.
(5) Establish proactive program for the prevention of crime.
(e) In addition to other duties described herein, the Chief of Police shall:
(1) Coordinate internal investigations of members of the department for alleged wrong doing; and
(2) Approve the suspension, demotion, or termination of the members of the department , with the approval of the City Administrator; and
(3) may approve the hiring and promotion of members of the department, with the approval of the City Administrator; and
(4) Have control over and be responsible for the care and condition of all departmental equipment. It shall be the duty of the police chief to see that such equipment is at all times properly maintained, and to submit a written report as to its condition to the city administrator on July 1st of each year.
(5) The Chief of Police shall also coordinate the training of the police officers and the maintenance of police records.
(f) The Chief of Police of the City of Cherryvale may in a limited way, without neglect of the duties and functions provided for herein, participate in regional mutual assistance.
(g) The Chief of Police position is an at-will appointment and the appointment may be terminated at anytime by either the City of Cherryvale or the employee. The City Administrator or Governing Body may suspend or terminate the Chief of Police with or without cause.Added by 07-4515
1-213 CHIEF OF FIRE; DUTIES. The duties of the Chief of Fire of the City of Cherryvale shall include, in addition to other duties as assigned by the Governing Body and the City Administrator;
(a) The Chief of Fire of Cherryvale, Kansas shall direct and coordinate activities of the municipal fire department of the City of Cherryvale, in accordance with state laws and the authority delegated by the Governing Body and/or the City Administrator of the City of Cherryvale, Kansas.
(b) The Chief of Fire shall recommend rules and regulations for the department for approval by the City Administrator and the Governing Body of the City of Cherryvale.
(c) The primary function of the Chief of Fire shall be to coordinate and administer daily Fire Department activities and personnel engaged in Preventing, Controlling, and Extinguishing Fires; and operation of the City of Cherryvale’s EMS system.
(d) In order to administer the daily activities of the Fire Department of the City of Cherryvale, it is expected that the Chief will:
(1) Maintain an open door policy and be accessible to the public.
(2) Maintain a professional appearance at all times.
(3) Maintain a professional department.
(4) Establish proactive program for the prevention of fire and the general health and well being of the city.
(e) In addition to other duties described herein, the Chief of Fire shall:
(1) Coordinate internal investigations of members of the department for alleged wrong doing; and
(2) May suspend, demote, or terminate members of the department with the approval of the City Administrator; and
(3) Approve the hiring and promotion of members of the department, with the approval of the City Administrator; and
(4) Have control over and be responsible for the care and condition of all departmental equipment. It shall be the duty of the fire chief to see that such equipment is at all times properly maintained, and to submit a written report as to its condition to the city administrator on July 1st of each year.
(5) The Chief of Fire shall also coordinate the training of members of the department and the maintenance of the department’s records.
(f) Shall have full power, control and command over all persons present at fires, direct the use of all fire apparatus and equipment, command all firemen in the discharge of their duties and take such measures as deemed necessary to preserve and protect property and extinguish fires.
(g) Shall keep in convenient form a complete record of all fires, including the time and location, construction of building, owner of building, occupancy of building, how extinguished, value of building and contents, loss on building and contents, insurance on building and contents, members responding to the alarm, and any other information deemed advisable.
(h) Shall adopt all prudent measures for the prevention of fires and for this purpose the chief or his or her designee may, upon request or whenever there is reason to believe that the safety of life and property demands it, enter any building, yard or premises in the city as provided by law. Where dangerous, unsafe or hazardous conditions are found to exist, the chief or a designee shall give such directions for the alteration, change or removal or better care or management of the same as he or she may deem proper, and such directions shall be obeyed and complied with by the person directed in that regard and at his or her own expense.
(i) The Chief of Fire of the City of Cherryvale may in a limited way, without neglect of the duties and functions provided for herein, participate in regional mutual assistance.
(j) The Chief of Fire position is an at-will appointment and the appointment may be terminated at anytime by either the City of Cherryvale or the employee. The City Administrator or Governing Body may suspend or terminate the Chief of Fire with or without cause.
1-213. OTHER APPOINTIVE OFFICERS; POWERS, DUTIES.
The Municipal Judge, the Chief of Police, and the Chief of Fire shall have such powers and duties as are customary and usual for their respective offices and such as may hereafter be specified by ordinance. Authority within the limits of their duties as above specified shall be subject only to the orders and directions of the City Administrator and the Council.
1-214. ILLEGAL ACTS. It shall be unlawful for any elected or appointed officer of the City to:
(a) act as an advisor or counselor adversely to the City in any litigation or controversy in which the City may be directly or indirectly interested;
(b) to resign or quit the duties of their office, or to conspire or encourage other officers to resign or quit the duties of their office, so as to leave, or with the intent to leave, the City with an insufficient force of officers in any department; or
(c) to accept any gratuity or reward for doing or omitting to perform any duty incumbent on him by virtue of his office. Violation of this section is a class C municipal misdemeanor.
1-215 REGULATING THE INVESTMENT OF MUNICIPAL FUNDS.
1.The City Clerk is authorized to invest funds of the City, not immediately required for the purposes for which the funds were collected or received, in any investment authorized by or pursuant to Kansas law; provided, that the City Treasurer shall keep sufficient funds on hand at all times to pay the obligations of the City as the same become due and owing.
2. All revenue received from the investment of city funds shall be deposited in the general operating fund of the city
1-216. INCORPORATING PURCHASING MANUAL AND PURCHASING PROCEDURES.
There is hereby incorporated by reference for the purpose of regulating purchasing procedures for the City of Cherryvale, Kansas, that certain Manual of Purchasing Procedures known as the “Purchasing Manual” Edition of April 2008, prepared and published in booklet form and to which shall be attached a copy of this ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.
1-217. INCORPORATING “THE PERSONNEL POLICY MANUAL.
There is hereby incorporated by reference for the purpose of regulating personnel policies for the City of Cherryvale, Kansas, that certain Manual of Personnel Policy known as the “Personnel Policy Manual” Edition of April 2008, prepared and published in booklet form and to which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to ins

ARTICLE 4. ORDINANCES
1-401. CONSIDERATION AT PUBLIC MEETING. All ordinances of the city shall be considered at a public meeting of the governing body. Cross References: K.S.A. 12-3001.
1-402. VOTE ON FINAL PASSAGE. The vote on any ordinance shall be by yeas and nays, which shall be entered on the journal by the clerk. No ordinance shall be valid unless a majority of the council members present vote in favor of the proposed ordinance. Cross References: K.S.A. 12-3002.
1-403. SUBJECT AND TITLE. No ordinance shall contain more than one subject, which shall be clearly expressed in its title. Cross References: K.S.A. 12-3004.
1-404. AMENDMENT. No section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the section or sections amended shall be repealed. Cross References: K.S.A. 12-3004.
1-405. STYLE. The style or ordinance clause of all ordinances shall’ be: “Be it ordained by the Governing Body of the City of Cherryvale, Kansas.” Cross References: K.S.A. 12-3005.
1-406. NUMBERING. After an ordinance is passed, the city clerk shall assign to it a number and the city attorney shall designate the chapter and article under which it shall be filed in the city code. Appropriation ordinances may be numbered in a separate series at the discretion of the Council. Cross Reference: K.S.A. 12-3006
1-407. PUBLICATION. The city clerk shall cause all ordinances, except appropriation ordinances, as soon as practicable after they have been passed and signed, to be published once in the official city newspaper. The publisher shall. print in a line preceding the number of the ordinance a statement in parenthesis as follows: (Published ______, 20__), giving the month, day and year. Cross References: K.S.A. 12-3007.
1-408. EFFECTIVE DATE. Ordinances shall take effect the day of publication unless a different and later day is stated in the ordinance or otherwise specified by statute. Appropriation ordinances shall take effect upon passage. Cross References: K.S.A. 12-3007.
1-409. SIGNING, SEAL. The mayor shall sign all ordinances but shall have.power. If the mayor is not present at the meeting at which the ordinance is passed, the President of the Council shall sign the ordinance as follows: (name)(title) by direction of the Council, the mayor being absent from the meeting.” After the last section of each ordinance shall be a statement substantially as follows: “Passed by the Governing Body the ___ day of __________, 20__; followed by “signed by the mayor” with signature of the mayor. The city clerk shall attest to the signature and affix the seal of the city to the ordinance. Source of Law: K.S.A. 12-3003. Cross References: K.S.A. 12-3303
1-410. ORDINANCE BOOK. The city clerk shall keep an “Ordinance Book,” in which shall be entered at length in numerical order every ordinance hereafter enacted immediately after its passage and required publication. The city clerk shall append at the end of each ordinance entered in the “Ordinance Book” a certificate substantially as follows: “I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said ordinance was passed on the ___ day of __________ , 200__ that the record of the final vote on its passage is found on page ___ of journal _____; that it was published in the (name of newspaper) on the ___ day of 200__.
Each “Ordinance Book” shall be appropriately designated by number or by letter or letters or by years, or otherwise.
All ordinances of the city may be proved by the certificate of the city clerk, under the seal of the city. Cross References: K.S.A. 12-3008.
1-411. EFFECT OF REPEALS. When any ordinance, repealing a former ordinance, clause, or provision, shall itself be repealed, such repeal shall not revive the former ordinance, clause or provision unless it is expressly so provided.
1-412. REVISION AND CODIFICATION. When the Council orders a revision and codification of the ordinances of the city, a publication in book or pamphlet form of not less than required by state law shall be printed. When a revision or codification is authorized and adopted by the city pursuant to Kansas statute, it shall become law as provided by Kansas statute. Cross References: K.S.A. 12-3014 through 12-3016, compilation, revision and codification.
1-413. RULES OF CONSTRUCTION. The same rules shall govern the construction of city ordinances, so far as they are applicable, as govern in the construction of the statutes of the State of Kansas.

ARTICLE 5.
OATHS AND BONDS
1-501. OATH OF OFFICE. The mayor, council members and all officers shall, before entering upon the duties of their respective offices, take and subscribe an oath or affirmation as follows: “I do solemnly swear (or affirm as the case may be) that I will support the constitution of the United States and the constitution of the State of Kansas, and faithfully discharge the duties of ____________________. So help me God.” Cross References: K.S.A. 54-106, form of oath to be taken by officer.
1-502. BOND; MAYOR AND COUNCIL MEMBERS. The mayor and each of the council members shall before entering into the duties of his office give a good and sufficient surety bond in the sum of five thousand dollars ($5,000) conditioned on the faithful discharge of his duties, which bond shall be approved by a Judge of the District Court of Montgomery County, Kansas; the cost and premiums in securing the bond shall be borne by the city. Cross Reference: K.S.A. 14-1304, K.S.A. 78-111.
1-503. APPOINTIVE OFFICERS. The following appointive officers and employees shall give a corporate surety bond, conditioned as provided by law and approved by the governing body, in the following amounts:
City Clerk: $50,000
City Treasurer: $50,000
Municipal Judge: $15,000
Municipal Court Clerk: $15,000
City Administrator: $15,000
City Attorney: $15,000
Cross References: K.S.A. 78-111; K.S.A. 12-4108.
1-504. SURETY BONDS; PREMIUMS. All premiums on surety bonds shall be paid by the city out of the general fund. Cross References: K.S.A. 78-111, city must pay the premium for surety bond.
1-505. SURETY BONDS; APPROVAL. All surety bonds given to the city shall be approved as to their form by the city attorney and as to their sufficiency by the governing body unless otherwise provided by the laws of the state.
1-506. SURETY BONDS; FILING. All surety bonds shall be filed with the clerk except the city clerk’s bond, which shall be filed with the city treasurer.
1-507. BLANKET BOND. The governing body may provide for the coverage by blanket bond of such officers and employees and in such amounts as the governing body may, by resolution, designate.

ARTICLE 6. TAXATION,
ACCOUNTING
1-601. CITY RETAILER’S SALES TAX. The city, pursuant to approved special questions voted upon levies a 2.75% retailers’ sales tax on all retail sales consummated within the City. Source of Law: Ordinance No. 3557, 07-4505, and 07-4506. Cross References: K.S.A. 1980 Supp. 12-187, et seq.
1-602. AGGREGATE TAX LEVY LIMITS. Aggregate tax levy limitation provided for by K.S.A. 79-5001 to 79-5018 inclusive shall not apply to the City of Cherryvale. Source of Law: Charter Ordinance No. 7. Cross References: K.S.A. 79-5001 to 79-5018 (Charter Ordinance No. 7 exempts Cherryvale from these statutory provisions)
1-603. TAX FUND LEVY LIMITS. The governing body of the city is authorized and empowered to levy taxes in each year on each dollar of assessed valuation of said city for the following city purposes; provided, that the city purposes specifically authorized by other statutes are not excluded because they are not enumerated herein:
• General Operating Fund (which shall include the following activities): Governing Body, City Administrator, City Clerk’s Office, Police Department, Fire-Rescue Department, Parks and Cemetery, Municipal Swimming Pools, Street and Street Lighting, Municipal Court, Code Enforcement, and any other activity permitted by law as authorized by the City Council.
• Library.
The governing body may levy an amount necessary to meet the requirements of its adopted budget. Source of Law: Charter Ordinance No. 8. Cross References: K.S.A. 79-1952 (Charter Ordinance No. 8 ex- empts Cherryvale from this statutory provision). See: The League of Kansas Municipalities, “Handbook For the City Governing Body With Supplement for Cities of the Second Class,” pp. 79-81 (6th Ed. 1980).
1-604. ACCOUNTING AND REPORTING SYSTEM; AUDITS; FORMS. There shall be a system of fiscal procedure, accounting and reporting to the city to have its accounts examined and audited at least once each year, which system shall be uniform in its application to all officers of the same grade and kind and all accounts of the city to which it is applicable, and shall be used by the city and its officers and employees when directed by the state municipal accounting board. The city may use or adopt such forms as it shall deem best suited for its particular needs so long as all necessary information is shown on such forms. No copyrighted form or forms, books or records shall be adopted. The system adopted shall be obtainable upon the open market. PROVIDED, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure. Source of Law: Charter Ordinance No. 12, Cross References: K.S.A. 1980 Supp. 75-1120 (Charter Ordinance No. 12, Section 2, restates the basic provisions of K.S.A. 1980 Supp. 75-1120 but provides for exemption from any sort of fixed asset accounting procedure).
1-605. FINANCIAL STATEMENTS AND REPORTS. The city shall utilize accounting procedures and fiscal procedures in the preparation of financial statements and financial reports that conform to generally accepted accounting principles as promulgated by the national committee on governmental accounting and the American institute of certified public accountants and adopted by rules and regulations of the municipal accounting board. PROVIDED, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure. Source of Law: Charter Ordinance No. 12. Cross References: K.S.A. 1980 Supp. 75-1120a
1-606. FISCAL PROCEDURES AND REGULATIONS. The city shall follow fiscal procedures and regulations adopted by the director of accounts and reports, by and with the approval of the state municipal accounting boards. PROVIDED, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure. Source of Law: Charter Ordinance No. 12, Cross References: K.S.A. 1980 Supp. 75-1121 (Charter Ordinance No. 12, Section 4, restates the basic provisions. of K.S.A. 1980 Supp. 75-1121 but provides for exemption from any sort of fixed asset accounting procedure).
1-607. AUDIT BY ACCOUNTANT. The city shall have the accounts of said city examined and audited by a licensed municipal public accountant or accountants, or certified public accountant or accountants. PROVIDED, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure. Source of Law: Charter Ordinance No. 12. Cross References: K.S.A. 1980 Supp. 75-1122. (Charter Ordinance No. 12, Section 5, restates the basic provisions of K.S.A. 1980 Supp. 75-1122, but provides for exemption from any sort of fixed asset accounting procedure).
1-608. MINIMUM STANDARD AUDIT PROGRAM. In conducting examinations and audits, the licensed municipal public accountant or certified public accountant so engaged shall follow the minimum standard audit program, or the applicable portions thereof, prescribed by the director of accounts and reports with the approval of the municipal accounting board. The city, so audited, shall install and put such standardized accounting system into effect as soon as possible after such audit. PROVIDED, nothing herein shall require, or be interpreted to require, the city to adopt any sort of fixed asset accounting procedure and the city’s auditor shall not be required to examine any such fixed asset account. Source of Law: Charter Ordinance No 12. Cross References: K.S.A. 1980 Supp. 75-1123 (Charter Ordinance No. 12, Section 6, restates the basic provisions of K.S.A. 1980 Supp. 75-1123 but provides for exemption from any sort of fixed asset accounting procedure). Section 6 of Charter Ordinance No. 12 also provides: “. . .[T]he City’s auditor . . . may merely refer to this Charter Ordinance as authority for the absence of a fixed asset accounting system.”

ARTICLE 7.
MUNICIPAL COURT
1-701. JURISDICTION. The municipal court of Cherryvale shall have jurisdiction to hear and determine cases involving violations of all Cherryvale city ordinances. Search warrants shall not issue out of a municipal court. Source: K.S.A. 12-4104.
1-702. MUNICIPAL JUDGE; QUALIFICATIONS. The municipal court shall be presided over by a municipal judge who must be a citizen of the United States, at least twenty-one (21) years of age, and an attorney admitted to practice law in the state of Kansas or certified by the supreme court in the manner prescribed by K.S.A. 12-4114, as qualified to serve as a municipal judge. Source: K.S.A. 12-4105.
1-703. MUNICIPAL JUDGE; SALARY. The municipal judge shall receive a monthly salary established by the Council by ordinance. Source: K.S.A. 12-4105.
1-704. MUNICIPAL JUDGE; DOCKET. The municipal judge shall maintain a docket in which shall be entered every cause commenced in the court. Said docket shall contain the names of the accused persons and complainant, the nature or character of the offense, the date of trial, the names of all witnesses sworn and examined, the finding of the court, the judgment and sentence, the date of payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in each case. Source: K.S.A. 12-4106(c).
1-705. MUNICIPAL JUDGE; POWERS.
(a) The municipal judge shall have the power to administer the oaths and enforce due obedience to all orders, rules and judgments made by the court, and may fine or imprison for contempt committed in court or for failure to obey process issued by the court, in the same manner and to the same extent as the district court.
(b) The municipal judge shall have the power to hear and determine all cases properly brought before the court, to grant continuances, to sentence those found guilty to a fine or confinement in jail, or both, to commit accused persons to jail in default of bond, to determine applications for parole, to release on probation, to grant time in which a fine may be paid, to correct a sentence, to suspend imposition of a sentence, to set aside a judgment, to permit time for post trial motions and to discharge accused persons.
(c) The municipal judge shall promptly make such reports and furnish the information requested by any departmental justice or the judicial administrator, in the manner and form prescribed by the Supreme Court.
(d) The municipal judge shall ensure that information concerning dispositions of city ordinance violations that result in convictions comparable to convictions for class A and B misdemeanors under Kansas criminal statutes is forwarded to the Kansas bureau of investigation central repository. This information shall be transmitted, on a form or in a format approved by the attorney general, within 30 days of final disposition. Source: K.S.A. 12-4106.
1-706. MUNICIPAL JUDGE; REMOVAL
The municipal judge may be removed with or without cause by a unanimous vote of the Council.
1-707. MUNICIPAL JUDGE; PRO TEM.
(a) In the event the municipal judge is temporarily unable to preside due to absence, illness or disqualification, the municipal judge shall designate an attorney to act as judge pro tempore. In the event the municipal judge fails to appoint a judge pro tempore, the judge pro tempore shall be appointed in the same manner as the municipal judge is selected. The judge pro tempore shall receive compensation as shall be provided by ordinance, payable in the same manner as the compensation of the regular municipal judge.
(b) In the event a vacancy shall occur in the office of municipal judge, a successor shall be appointed to fill the un-expired term in the same manner as the municipal judge was appointed. Source: K.S.A. 12-4107.
1-708. TIME AND PLACE FOR COURT SESSIONS. Amended by 07-4511
TIME AND PLACE FOR COURT SESSIONS.
(a) The municipal court shall convene to hear cases involving violations of city ordinances at least once month. The Council shall establish court dates and times by ordinance. The Municipal Judge may convene court at other times as required to expedite the consideration of matters before the court.
(b) Municipal Court shall be held in the Community Room of the City Hall Building, 123 West Main, Cherryvale, Kansas. Municipal Court shall be held on the 2nd and 4th Monday of each month beginning at 4:00 p.m. Although, the Municipal Judge may cancel municipal court once during any month because of a holiday, weather, or any other reason the Municipal Judge deems.
1-708. COURTROOM; SUPPLIES. The city shall provide a suitable courtroom for the municipal court, together with all necessary supplies and records. Source: K.S.A. 12-4109.
1-709. CLERK OF THE MUNICIPAL COURT.
(a) The governing body may provide for the office of clerk of the municipal court. The municipal judge shall appoint such clerk or if no clerk is provided for, the judge shall also serve as clerk.
(b) The clerk shall issue all process of the court, administer oaths, file and preserve all papers, docket cases and set same for trial and shall perform such further acts as may be necessary to carry out the duties and responsibilities of the court.
(c) The clerk shall receive, account for and pay to the city treasurer monthly all fines and forfeited bonds paid into the court. The clerk shall make reports to the judicial administrator and furnish the information when requested by the judicial administrator or a departmental justice on such forms furnished by the judicial administrator, and approved by the supreme court.
(d) The clerk of the municipal court, or the municipal judge if no clerk is appointed, shall, within ten (10) days after selection, and before entering upon the duties of office, execute to the city such bond as the governing body may require, which shall be approved by the governing body, and filed in the office of the city clerk, conditioned for the faithful performance of the duties required by law, and for the faithful application and payment of all moneys that may be collected in the execution of the duties of the office. The city shall pay the cost of such bond. Source: K.S.A. 12-4108.
1-710. Not is active use. Repealed. __/__/__ Ord. No. 01-________
1-711. CITY ATTORNEY TO PROSECUTE. The city attorney, in person or by assistants, shall prosecute all cases in the municipal court. Source: K.S.A. 12-4110.
1-712. LAW ENFORCEMENT OFFICERS; PROCESS.
(a) Law enforcement officers of the city, county, or state, shall have power to execute all process issued by the municipal judge within the state of Kansas.
(b) The powers of law enforcement officers with respect to the code of criminal procedure shall not be reduced by this code. Source of Law: K.S.A. 12-4111.
1-713. COURT COSTS. Persons or entities found guilty of violating ordinances of the city shall be assessed costs for the administration of justice in municipal court. Source of Law: Charter Ordinance No. 9.
1-714. COURT COSTS; SCHEDULE; DOCKETED CASES.
(a) In addition to any fines, forfeitures or penalties imposed by the Municipal Court Judge, the following docket fees shall be assessed to each person who has been charged with a violation of a city ordinance and commanded to appear before the Cherryvale Municipal Court:
(1) For any traffic offense which results in a conviction, the costs to be assessed by the Municipal Judge shall be forty-five dollars ($45.00);
(2) For any offense listed in the Uniform Public Offense Code which results in a conviction, the costs to be assessed by the Municipal Judge shall be one-hundred two dollars ($102.00);
(3) For any other ordinance violation which results in a conviction, the costs to be assessed by the Municipal Judge shall be one-hundred two dollars ($102.00).
(b) Moneys received from any court costs levied and moneys received from any fines, forfeitures or penalties imposed by the Municipal Court Judge shall be deposited into the General Fund of the City of Cherryvale in accordance with adopted finance and accounting policies and practices and, therefrom, shall be paid to the Treasurer of the State of Kansas such sum as required by statutes and the remaining funds expended therefrom as the Governing Body shall deem necessary and prudent.
(c) In each case filed in municipal court where there is a finding of guilty or a plea of guilty, a plea of no contest, forfeiture of bond, or a diversion, a sum in an amount not to exceed $l.00 shall be assessed for the training, testing and continuing judicial education of municipal judges as provided in K.S.A. 1989 Supp. 12-4114. The judge or clerk of the municipal court shall remit at least monthly all assessments received pursuant to this section to the state treasurer for deposit in the state treasury to the credit of the municipal judge training fund. The specific amount of the assessment shall be fixed by order of the Supreme Court and shall apply uniformly to all cities. For the purpose of determining the amount to be assessed according to this section, if more than one complaint is filed against one individual arising out of the same incident, all such complaints shall be considered as one case. For the purpose of this section, parking violations shall not be considered as cases. Source: Subsection (c) Ordinance 90-3888
1-715. Not in current use. Repealed 90-3890.
1-716. COURT COSTS; MALICIOUS PROSECUTION. If it appears to the court prosecution was instituted without probable cause and with malicious motives, the court may require the person initiating the prosecution to appear and answer concerning their motives for instituting the prosecution. If after such hearing the court determines prosecution was instituted without probable cause and with malicious motives, all costs in the case shall be assessed against the complaining witness or other person or persons initiating the prosecution.

ARTICLE 8.
MUNICIPAL SERVICES.
1-801. CITY CLERK: MUNICIPAL RECORDS COPYING FEES.
(a) POLICY.
(1) It is hereby declared to be the policy of the city that all public records which are made, maintained or kept by or are in the possession of the city, its officers and employees, shall be open for public inspection as provided by, and subject to the restrictions imposed by, the Kansas Open Records Act (KORA);
(2) Any person, upon request, shall have access to such open public records for the purpose of inspecting, abstracting or copying such records while they are in the possession, custody and control of the appointed or designated record custodian thereof, or his or her designated representative.
(b) RECORD CUSTODIANS. The record custodian(s) appointed and designated pursuant to this ordinance shall preserve and protect all public records from damage, disorganization and theft and shall assist, in a timely and efficient manner, any person making request for access to any open public record.
(c) PUBLIC REQUEST FOR ACCESS. All city offices keeping and maintaining open public records shall establish office hours during which any person may make a request for access to an open public record. Such hours shall be no fewer than the hours each business day the office is regularly open to the public. For any city office not open Monday through Friday, hours shall be established by the record custodian for each such day at which time any person may request access to an open public record.
(d) FACILITIES FOR PUBLIC INSPECTION. All city offices keeping and maintaining open public records shall provide suitable facilities to be used by any person desiring to inspect , and/or copy an open public record. The office of the city clerk, being the principal recordkeeper of the city, shall be used as the principal office for providing access to and providing copies of open records to the maximum extent practicable. Requesters of records shall be referred to the office of the city clerk except when the requested records are not in that office and are available in another city office.
(e) PROCEDURES FOR INSPECTION. Any person requesting access to an open public record for purposes of inspecting or copying such record, or obtaining a copy thereof, shall abide by the procedures adopted by the governing body for record inspection and copying, including those procedures established by record custodians as authorized by the governing body. Such procedures shall be posted in each city office keeping and maintaining open public records.
(f) APPOINTMENT OF OFFICIAL CUSTODIANS. The following city officers are hereby appointed as official custodians for purposes of the Kansas Open Records Act (KORA) and are hereby charged with responsibility for compliance with that Act with respect to the hereinafter listed public records:
(1) City Clerk - All public records kept and maintained in the city clerk’s office and all other public records not provided for elsewhere in this section.
(3) Chief of Police - All public records not on file in the office of the city clerk and kept and maintained in the city police department.
(4) Fire Chief - All public records not on file in the office of the city clerk and kept and maintained in the city fire department.
(5) City Attorney - All public records not on file in the office of the city clerk and kept and maintained in the city attorney’s office.
(g) DESIGNATION OF ADDITIONAL RECORD CUSTODIANS.
(1) Each of the official custodians appointed in section 6 is hereby authorized to designate any Subordinate officers or employees to serve as record custodian. Such record custodians shall have such duties and powers as are set out in the Kansas Open Records Act (KORA).
(2) Whenever an official custodian shall appoint another person as a record custodian he or she shall notify the city clerk of such designation and the city clerk shall maintain a register of all such designations.
(h) DUTIES OF CUSTODIANS. All city officers and employees appointed or designated as record custodians under this ordinance shall: protect public records from damage and disorganization; prevent excessive disruption of the essential functions of the city; provide assistance and information upon request; insure efficient and timely action and response to all applications for inspection of public records; and shall carry out the procedures adopted by this city for inspecting and copying open public records.
(i) REQUESTS TO BE DIRECTED TO CUSTODIANS.
(1) All members of the public, in seeking access to, or copies of, a public record in accordance with the provisions of the Kansas Open Records Act (KORA), shall address their requests to the custodian charged with responsibility for the maintenance of the record sought to be inspected or copied during normal business hours.
(2) Whenever any city officer or employee appointed or designated as a custodian under this ordinance is presented with a request for access to, or copy of, a public record which record the custodian does not have in his or her possession and for which he or she has not been given responsibility to keep and maintain, the custodian shall so advise the person requesting the record. Further, the person making the request shall be informed as to which custodian the request should be addressed to, if such is known by the custodian receiving the request.
(j) FEE ADMIMSTRATION. The city clerk is hereby authorized to provide to the clerk’s office, and the office of each record custodian, with sufficient cash to enable the making of change for record fee purposes. Each custodian shall transmit all record fee moneys collected to the city treasurer not less than monthly. Each custodian shall maintain duplicates of all records and copy request forms, completed as to the amount of fee charged and collected, which amounts shall be periodically audited by the clerk-finance officer and treasurer of the city.
(k) INSPECTION FEE.
(1) Where a request has been made for inspection of any open public record which is readily available to the record custodian, there shall be no inspection fee charged to the requester.
(2) In all cases not covered by subsection (a) of this section, a record inspection fee shall be charged at the rate of $10.00 per hour per employee engaged in the record search. A minimum charge of 50 cents shall be charged for each such request.
(l) COPYING FEE.
(1) A fee of 25 cents per page shall be charged for photocopying public records, such fee to cover the cost of labor, materials and equipment.
(2) For copying any public records which cannot be reproduced by the city’s photocopying equipment, the requester shall be charged the actual cost to the city, including staff time, in reproducing such records.
(m) PREPAYMENT OF FEES.
(1) A record custodian many demand prepayment of the fees established by this ordinance whenever he or she believes this to be in the best interest of the city. The prepayment amount shall be an estimate of the inspection and/or copying charges accrued in fulfilling the record request. Any overage or underage in the prepayment shall be settled prior to inspection of the requested record or delivery of the requested copies.
(2) Prepayment of inspection and/or copying fees shall be required whenever, in the best estimate of the record custodian, such fees are estimated to exceed $ 50.00.
(3) Where prepayment has been demanded by the record custodian, no record shall be made available to the requester until such prepayment has been made.
(n) PAYMENT. All fees charged under this ordinance shall be paid to the custodian of the records inspected and/or copied unless the requester has established an account, for purposes of billing and payment, with the city.
1-802. INCORPORATING RECORDS RETENTION POLICY
There is hereby incorporated by reference for the purpose of regulating retention of records for the City of Cherryvale, Kansas, that a certain “Records Retention & Storage Schedule” of September 2007, prepared and published in booklet form and to which shall be attached a copy of this ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.
REPEAL. All previous versions of chapter one of the city code, all previous ordinances dealing with chapter one not included in the ordinance, and all other ordinances in conflict herewith are hereby repealed.
EFFECTIVE DATE. This ordinance shall take effect and be in force upon its publication in the official city newspaper.
PASSED AND APPROVED by the Governing Body of the City of Cherryvale, Kansas, this 17th of February, 2009.
John M. Wright, Mayor
ATTEST: Rebecca Swain, City Clerk
APPROVED TO FORM: John Bullard, City Attorney

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 19 and 26, 2009)

City of Cherryvale
RESOLUTION NO. 09-04
427 E. 3rd Street
A RESOLUTION ADOPTED PURSUANT TO CHAPTER 5, ARTICLE 8, OF THE CODE OF THE CITY OF CHERRYVALE, KANSAS, FIXING A TIME AND PLACE FOR HEARING AND PROVIDING FOR NOTICE UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE AND DANGEROUS.
WHEREAS, the Enforcing Officer of the City of Cherryvale, Kansas, has filed a statement in writing that the following described structure is unsafe or dangerous, to-wit:
Lots: 7 & 8
Block: 47
Subdivision:
Address: 427 E. 3rd Street, Cherryvale, KS 67335
WHEREAS, Chapter 5, Article 8, of the Code of the City of Cherryvale, Kansas provides upon filing of such written statement, that the Governing Body of the City of Cherryvale shall fix a time and place of hearing, by adoption of a resolution, which resolution shall be published and notice given to each owner, agent, lien holder and occupant as hereafter set forth; and
WHEREAS, the name(s) and address(es) of the owner(s), owner(s) agent(s), lien holder(s) and occupant(s) are:
Owner(s):
Charles & Joyce Phelan
PO Box 853
Farmington, AR 72730
and
Jean March
22057 Chase Road
Cherryvale, KS 67335
Owner(s) Agent(s): None
Lien holder(s): None
Occupant(s): None
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY
OF THE CITY OF CHERRYVALE, KANSAS:
SECTION 1. The Governing Body of the City of Cherryvale, Kansas, does
hereby fix the following time and place at which the owner, owner’s agent, and lien holder of record and any occupant of such structure may appear and show cause why said structure should not be condemned and ordered repaired or demolished.
Date of Hearing: April 6, 2009 at 7:15 p.m.
Place of Hearing: City Hall, Council Room, Cherryvale, Kansas, or such other
place as may be designated by the City Council.
SECTION 2. This resolution shall be published once each week for two
consecutive weeks on the same day of each week in the Montgomery County Chronicle, the official city newspaper.
SECTION 3. The City Clerk of the City of Cherryvale, Kansas, is hereby
directed to mail a true and correct certified copy of the within Resolution by certified mail within three days after the date of first publication hereof to each owner, agent, lien holder and occupant at the last known place of residence of each marked “Deliver to Addressee Only”.
ADOPTED by the Governing Body of the City of Cherryvale on this 17th day of February, 2009.
John Wright, Mayor
ATTEST: Rebecca Swain, City Clerk

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 19 and 26, 2009)

City of Cherryvale
RESOLUTION NO. 09-05
121 N. Summit Street

A RESOLUTION ADOPTED PURSUANT TO CHAPTER 5, ARTICLE 8, OF THE CODE OF THE CITY OF CHERRYVALE, KANSAS, FIXING A TIME AND PLACE FOR HEARING AND PROVIDING FOR NOTICE UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE AND DANGEROUS.
WHEREAS, the Enforcing Officer of the City of Cherryvale, Kansas, has filed a statement in writing that the following described structure is unsafe or dangerous, to-wit:
Lots: W 56’7” lots 7 & 8
Block:
Subdivision: Faircrest Plat Subdivision of Out Lot 13, Paxson’s Out Lot Addition
Address: 121 N. Summit Street, Cherryvale, KS 67335
WHEREAS, Chapter 5, Article 8, of the Code of the City of Cherryvale, Kansas provides upon filing of such written statement, that the Governing Body of the City of Cherryvale shall fix a time and place of hearing, by adoption of a resolution, which resolution shall be published and notice given to each owner, agent, lien holder and occupant as hereafter set forth; and
WHEREAS, the name(s) and address(es) of the owner(s), owner(s) agent(s), lien holder(s) and occupant(s) are:
Owner(s):
Phillip Hopkins
311 N. Neosho Street
Cherryvale, Kansas 67335
Owner(s) Agent(s): None
Lien holder(s):
Peoples State Bank
200 W. Main Street
Cherryvale, Kansas 67335
Occupant(s): None
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF CHERRYVALE, KANSAS:
SECTION 1. The Governing Body of the City of Cherryvale, Kansas, does
hereby fix the following time and place at which the owner, owner’s agent, and lien holder of record and any occupant of such structure may appear and show cause why said structure should not be condemned and ordered repaired or demolished.
Date of Hearing: April 6, 2009 at 7:15 p.m.
Place of Hearing: City Hall, Council Room, Cherryvale, Kansas, or such other
place as may be designated by the City Council.
SECTION 2. This resolution shall be published once each week for two consecutive weeks on the same day of each week in the Montgomery County Chronicle, the official city newspaper.
SECTION 3. The City Clerk of the City of Cherryvale, Kansas, is hereby
directed to mail a true and correct certified copy of the within Resolution by certified mail within three days after the date of first publication hereof to each owner, agent, lien holder and occupant at the last known place of residence of each marked “Deliver to Addressee Only”.
ADOPTED by the Governing Body of the City of Cherryvale on this 17th day of February, 2009.
John Wright, Mayor
ATTEST:
Rebecca Swain, City Clerk

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 19 and 26, 2009)

City of Cherryvale
RESOLUTION NO. 09-06
624 E. 5th Street
A RESOLUTION ADOPTED PURSUANT TO CHAPTER 5, ARTICLE 8, OF THE CODE OF THE CITY OF CHERRYVALE, KANSAS, FIXING A TIME AND PLACE FOR HEARING AND PROVIDING FOR NOTICE UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE AND DANGEROUS.
WHEREAS, the Enforcing Officer of the City of Cherryvale, Kansas, has filed a statement in writing that the following described structure is unsafe or dangerous, to-wit:
Lots: 10
Block: 6
Subdivision: Carson & Baldwins Addition
Address: 624 E. 5th Street, Cherryvale, KS 67335
WHEREAS, Chapter 5, Article 8, of the Code of the City of Cherryvale, Kansas provides upon filing of such written statement, that the Governing Body of the City of Cherryvale shall fix a time and place of hearing, by adoption of a resolution, which resolution shall be published and notice given to each owner, agent, lien holder and occupant as hereafter set forth; and
WHEREAS, the name(s) and address(es) of the owner(s), owner(s) agent(s), lien holder(s) and occupant(s) are:
Owner(s):
H.A. & Marjorie Hamilton
P.O. Box 366
Cherryvale, KS 67335
Owner(s) Agent(s): None
Lien holder(s): None
Occupant(s): None
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF CHERRYVALE, KANSAS:
SECTION 1. The Governing Body of the City of Cherryvale, Kansas, does
hereby fix the following time and place at which the owner, owner’s agent, and lien holder of record and any occupant of such structure may appear and show cause why said structure should not be condemned and ordered repaired or demolished.
Date of Hearing: April 6, 2009 at 7:15 p.m.
Place of Hearing: City Hall, Council Room, Cherryvale, Kansas, or such other
place as may be designated by the City Council.
SECTION 2. This resolution shall be published once each week for two
consecutive weeks on the same day of each week in the Montgomery County Chronicle, the official city newspaper.
SECTION 3. The City Clerk of the City of Cherryvale, Kansas, is hereby
directed to mail a true and correct certified copy of the within Resolution by certified mail within three days after the date of first publication hereof to each owner, agent, lien holder and occupant at the last known place of residence of each marked “Deliver to Addressee Only”.
ADOPTED by the Governing Body of the City of Cherryvale on this 17th day of February, 2009.
John Wright, Mayor
ATTEST:
Rebecca Swain, City Clerk

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 19 and 26, 2009)

City of Cherryvale
RESOLUTION NO. 09-07
116 S. Catherine Street

118 S. Catherine Street

700 W. 4th Street

A RESOLUTION ADOPTED PURSUANT TO CHAPTER 5, ARTICLE 8, OF THE CODE OF THE CITY OF CHERRYVALE, KANSAS, FIXING A TIME AND PLACE FOR HEARING AND PROVIDING FOR NOTICE UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE AND DANGEROUS.
WHEREAS, the Enforcing Officer of the City of Cherryvale, Kansas, has filed a statement in writing that the following described structure is unsafe or dangerous, to-wit:
Lots: 10 – 12
Block: 6
Subdivision: Coyles 3rd Addition
Address: 116 S. Catherine, 118 S. Catherine, 700 W. 4th Street, Cherryvale, KS 67335
WHEREAS, Chapter 5, Article 8, of the Code of the City of Cherryvale, Kansas provides upon filing of such written statement, that the Governing Body of the City of Cherryvale shall fix a time and place of hearing, by adoption of a resolution, which resolution shall be published and notice given to each owner, agent, lien holder and occupant as hereafter set forth; and
WHEREAS, the name(s) and address(es) of the owner(s), owner(s) agent(s), lien holder(s) and occupant(s) are:
Owner(s):
Jennie Mangum
1215 W. Martin
Cherryvale, Kansas 67335
Owner(s) Agent(s): None
Lien holder(s): None
Occupant(s): None
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF CHERRYVALE, KANSAS:
SECTION 1. The Governing Body of the City of Cherryvale, Kansas, does
hereby fix the following time and place at which the owner, owner’s agent, and lien holder of record and any occupant of such structure may appear and show cause why said structure should not be condemned and ordered repaired or demolished.
Date of Hearing: April 6, 2009 at 7:15 p.m.
Place of Hearing: City Hall, Council Room, Cherryvale, Kansas, or such other
place as may be designated by the City Council.
SECTION 2. This resolution shall be published once each week for two
consecutive weeks on the same day of each week in the Montgomery County Chronicle, the official city newspaper.
SECTION 3. The City Clerk of the City of Cherryvale, Kansas, is hereby
directed to mail a true and correct certified copy of the within Resolution by certified mail within three days after the date of first publication hereof to each owner, agent, lien holder and occupant at the last known place of residence of each marked “Deliver to Addressee Only”.
ADOPTED by the Governing Body of the City of Cherryvale on this 17th day of February, 2009.
John Wright, Mayor
ATTEST:
Rebecca Swain, City Clerk

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 26, March 5 and 12, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

Deutsche Bank National Trust Company, as Trustee for FFMLT Trust 2005-F11, Mortgage Pass-Through Certificates, Series 2005-FF11 (Plaintiff)
vs.
Erich Umlauf, et al. (Defendants)
Case No. 08CV169I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the Front door of City Hall of the Courthouse at Coffeyville, Montgomery County, Kansas, on March 19, 2009, at 2:00 PM, the following real estate:
Lots 3 and 4 Except the West 300 feet thereof, Sunset View Subdivision of the NW/4 of the NW/4 of Section 19, Township 32, Range 16, Montgomery County, Kansas, commonly known as 2609 N. Pennsylvania Avenue, Independence, KS 67301 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Robert Dierks, Sheriff
Montgomery County, Kansas
South & Associates, P.C.
Tricia M. Oldridge (KS #18213)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (93556)

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 26, March 5 and 12, 2009)

IN THE DISTRICT COURT OF
MONTGOMERY COUNTY, KAN.

National City Mortgage Co., (Plaintiff)
vs.
Michael R. Stevens, et al (Defendants)
No. 08CV68I
Div. No.
K.S.A. 60
Mortgage Foreclosure

NOTICE OF
SHERIFF’S SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Montgomery, in a certain cause in said Court Numbered 08CV68I, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at the south door of Judicial Center in Independence in the City of Independence in said County, on March 26, 2009, at 2:00 pm., of said day the following described real estate located in the County of Montgomery, State of Kansas, to wit:
LOT 14, RIVERVIEW ADDITION #2, CITY OF INDEPENDENCE, MONTGOMERY COUNTY, KANSAS Commonly known as 813 E Main, Independence, Kansas 67301
This is an attempt to collect a debt and any information obtained will be used for that purpose.
Robert Dierks, sheriff
Montgomery County, Kan.
SHAPIRO & MOCK, LLP
Attorneys for Plaintiff
6310 Lamar- Ste. 240
Overland Park, KS 66202
(913) 831-3000
Fax No. (913)831-3320
Our File No. 08-100557/src

* * * *

(Published in the Montgomery County Chronicle on Thursday, Feb. 19, 26 and March 5, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

CitiMortgage, Inc. (Plaintiff)
vs.
Gary L. Thornton and Carol M. Thornton, et al. (Defendants)
Case No. 08CV115I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on March 12, 2009, at 2:00 PM, the following real estate:
The East 80 Feet of Lot 1 and the North 5 1/2 Feet of the East 80 Feet of Lot 2, Block 29, City of Independance, Montgomery County, Kansas., commonly known as 219 N. 5th Street, Independence, KS 67301 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Robert Dierks, Sheriff
Montgomery County, Kan.
South & Associates, P.C.
Mark Mellor (KS #10255)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600 • (913) 663-7899 (Fax)
Attorneys For Plaintiff (90226)

* * * *

(Published in the Montgomery County Chronicle, Thursday, Feb. 19 and 26, 2009)

City of Caney
RESOLUTION NO. 1197
A RESOLUTION ADOPTED PURSUANT TO ARTICLE 4, CHAPTER IV OF THE CODE OF THE CITY OF CANEY, KANSAS, STATING THE GOVERNING BODY’S FINDINGS OF FACT CONCERNING THE PUBLIC HEARING HELD UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE OR DANGEROUS.
WHEREAS, the City of Caney, Kansas held public hearing on February 16, 2009, upon the statement of the enforcing officer of said City, to determine whether the following described structure is unsafe or dangerous, to-wit:
BLOCK 8, LOT 1 SECTION 07 TOWNSHIP 35 RANGE14 Highland Addition, to the City of Caney, Kansas, Montgomery County, Commonly known as 314 N. VINE AVE: (House)
WHEREAS, said hearing was held pursuant to and in compliance with the notice requirements set forth in Article 4, Chapter IV of the Code of the City of Caney; and
WHEREAS, Article 4, Chapter IV of the Code of the City of Caney, Kansas, provided that the Governing Body shall hear all evidence submitted by the owners, their agent, lien holder of record, or occupants having an interest in the structure as well as evidence submitted by the enforcing officer filing the statement and shall make findings of fact by resolution.
WHEREAS, the Governing Body of the City of Caney shall fix a reasonable time, not to exceed sixty (60) days, within which the repair or removal of such structure shall be commenced.
WHEREAS, Chief of police, Rick Pell submitted evidence as the enforcing officer of said City and there were no property owners present.
NOW THEREFORE, after hearing evidence presented by the enforcing officer and landowner in interest, be it resolved by the Governing Body of the City of Caney, Kansas.
SECTION 1. The Governing Body of the City of Caney, Kansas, finds that the above described property is found to be unsafe or dangerous, and should be repaired or removed, such repair or removal to be commenced within sixty (60) days of the effective date of this resolution, and be completed by April 21, 2009.
Section 2. That if the owner of the above described structure has failed to commence the repair or removal of such structure within the time stated in this resolution or has failed to diligently prosecute the same thereafter, or to complete the same within the time above stated, the City of Caney, Kansas, may proceed to raze and remove such structure, make the premises safe and secure or let the same to contract at the expense of the party in interest.
Section 3. This resolution shall be published once in the Montgomery County Chronicle, the official city newspaper.
Section 4. The City Clerk of the City of Caney, is hereby directed to mail a true and correct certified copy of the within resolution by certified mail within three (3) days after the date of first publication to each owner, agent, lien holder and occupant at the last known place of residence of each, marked “Deliver to Addressee Only” provided, that if the owner is a resident of Montgomery County, Kansas, the resolution shall be personally served within five days on such owner or delivered to their last known address and in this case, at least one week shall elapse between the service on such owner and the date set for the hearing.
PASSED AND APPROVED by the Governing Body of the City of Caney, Kansas, this 16th day of February 2009.
Dale McBride, Mayor
ATTEST: Carole Coker, City Clerk

Thursday, February 12
• USD 436-Lincoln Elementary School Parent/Teacher Conferences will be held from 4 to 8 p.m.
• The Caney FFA Booster Club will meet at 7 p.m. in the CVHS vo-ag room for its monthly meeting.
• The Christian Women Trailriders will hold its monthly meeting at 7 p.m. at the Wanna Be a Christian Cowboy Church, 4th and State, Caney.
• The Caney Garden Club will meet for its monthly meeting at 2 p.m. at the Caney Valley Historical Museum meeting room.

Friday, February 13
• No school will be held at USD 436-Caney Valley and USD 446-Cherryvale due to parent/teacher conferences held this week.

Saturday, February 14
• Happy Valentine’s Day!
• Cherryvale High School FFA Chapter Appreciation Breakfast will be held from 7 a.m. to 10 a.m., in the CHS Commons Area. The free breakfast is open to FFA sponsors and supporters.
• Montgomery County 4-H Days will be held at Independence High School with events starting at 8:15 a.m.
• State Rep. Virgil Peck, R-Tyro, will hold legislative coffees at two locations: 8:30 a.m. to 10 a.m., at the Coffeyville Sirloin Stockade and from 10:30 a.m. to noon at the Cherryvale City Hall. The public is invited to atend.

Sunday, February 15
• The Caney Community Choir will hold its Easter cantata rehearsal from 3 to 5 p.m. at the Caney First Christian Church. Anyone who likes to sing is invited to attend the rehearsals. For more information contact Cathey Scoles at 620-289-4512 or 918-440-3080.

Monday, February 16
• Caney Boy Scout Pack 3 will meet for its regular meeting at 7 p.m. in the Caney First Baptist Church.
• The Caney City Council will hold its monthly meeting at 7 p.m. in the USD 436 Board of Education meeting room.
• The Cherryvale Chamber of Commerce will host its annual dinner banquet at the Lincoln-Central Elementary School Multi-Purpose Room. Doors will open at 6 p.m., with a meal being served at 7 p.m.
• Montgomery County Commission will meet at 9 a.m., in the commission chambers of the Montgomery County Courthouse.
• The Caney Lions Club will meet for its dinner meeting at 6 p.m. at the Caney Trinity Lutheran Church.
• The Caney American Legion Auxiliary will hold its monthly meeting at 7:30 p.m. at the post home.

Tuesday, February 17
• The Can-Kan Dreambuilders will meet at the Caney City Library at 7 p.m. for its monthly meeting.
• Cherryvale City Council will meet at 7 p.m., in the Cherryvale City Hall, 123 W. Main, for semi-monthly meeting.
• The Caney Valley Antique Power Association will hold its monthly meeting at 7 p.m. in the CVAPA meeting room.
• The Caney Saddle Club will hold its monthly meeting at 7 p.m. in the Lincoln Grade School Multi-Purpose Room.
• A support group has formed for those going through divorce or separating from a relationship. The group will meet from 7 p.m. to 8:30 p.m. at the Epiphany Episcopal Church at 400 E. Maple, Independence.

Thursday, February 19
• MOPS (Mothers of Preschoolers) will meet at the Tyro Christian Church from 9 a.m. to 11:15 a.m. A nursery is provided. For questions call the church office at 620-289-4433.
• Caney Valley High School FFA Chapter Greehand Banquet will be held at 6:30 p.m., in the CVHS Cafeteria.
• Cherryvale High School FFA Work Day Sale and Barbecue Dinner will begin at 6:30 p.m., in the CHS Commons Area.

Saturday, February 21
• The Montgomery County Conservation District annual awards banquet will be held at 6 p.m., in the Independence Civic Center. The reservation deadline is 4 p .m., Tuesday, Feb. 17, by calling (620) 331-4860.

ITEMS FOR SALE:

COLLECTIBLES: Coke items, pedal planes and trucks 1/3 scale. Priced to sell. 795-4333. LC5-2tp
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WOOD FOR SALE: Oak, Hackberry, Some Hedge. Oswego area. Prices vary. Call 620-778-5092 or 620-778-3747, Oswego. LC39-tf
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FURNITURE & APPLIANCES: Frigidaire Gallery Series Gas Stove, self cleaning, white; 25” Console TV; 19” TV; VCRs; Sewing machine in cabinet; Microwave; Cedar Chest; Drop Front Secretary’s Desk; Antique Bedroom suite, dresser, chest, 1/2 bed with mattress, springs, sheets, bedspread and curtains; 1 blue swivel rocker; Microwave cabinet with drawers and hood; lots of misc. household items. Liquidating entire household. Come see! 620-597-2680 or 918-533-6000. LC46-tf
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Sedan: Moving Sale - 14” Poulan chain saw - $25, Craftsman 16” chain saw - $30, Dinette table and four chairs - $50, 2 recllners - $25 each or make offer, Set of twin beds complete with head boards, rails, mattress and box springs, like new - $600, Whirlpool washer very good condition - $100, Black dresser with mirror - $25, 2 13” TV’s - $25 each, 2 Whirlpool window air conditioners, 8×16 Metal Shed with wood floor and shelving - $500, Fishing equipment - make offer, Aluminum fishing boat - $400. Other items too numerous to mention. No reasonable offer refused. Call 620-870-0344 or 620-870-0918. CQ6-1tp
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WEDDING GOWN For Sale: White, Lacy, Cathedral/Victorian Wedding Gown - Size 10, only worn twice. $200 obo. Call: 620-249-9562. CQ5-tfn-nc
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HAY For Sale: Large bales of Brome and Prairie Hay. Lawrence Malone, 620-647-3697. CQ5-3tb
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FIREPLACE SCREEN: Bavarian twist oak fireplace screen manufactured between 1890 - 1930. Must see. 795-4333. LC5-2tp
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GLASS: Bavarian Czech 25” Emerald Glass. Gold and Ceramic applique. 795-4333. LC5-2tp
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FURNITURE: Two Sanford 3-drawer chests. Very Nice. 795-4333. LC5-2tp
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Steel Buildings For Sale: 20×8x8; 40×8x8; 48×8.5×9.5; 53×8.5×9.5 shipping containers for rent. Camlock doors, hardwood floors support forklift. Delivery available. 1-785-655-9430 Solomon. www.chuckhenry.com complete web listing, photos, specs, pricing. (KCAN)
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Building Structures: Buy Now and save. Free storage until spring. Proven quality & service. All steel & wood-steel. Sentinel Building Systems, 800-327-0790 ad 26. www.sentinelbuildings.com. (KCAN)
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Health/Medical Services/Supplies: Up to 80% Savings possible on many medications. Generics now available for Arimidex, Boniva, Domperidone, Lipitor, Plavix and all ED Meds. Canada Drug Topeka 1-866-804-6100. (KCAN)

VEHICLES FOR SALE:

2006 CYPRESS 5TH WHEEL with two slides, washer and dryer. $30,000. Call (620) 515-3572. LC6-1tp
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2009 PONTIAC VIBE, under 4000 miles $16,500. (620) 515-3572. LC6-1tp
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2003 MERCURY GRAND MARQUIS LS, ice blue, dual power leather seats, good gas mileage, good tires, garaged, 98,000 miles. $7,800 or best offer. Call (620) 784-5708. LC5-2t
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1989 FORD RANGER PARTS: Rebuilt transmission, 3,000 miles on it; transfer case; both axles; 3 inch suspension lift. 918-533-0611. LC39-tf
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1991 CHEVY CAPRICE CLASSIC, excellent condition, 26,000 original miles, leather interior, extras, one owner, always garaged. 620-597-2680, 918-533-6000. LC53-tf
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1987 CHRYSLER LABARON CONVERTIBLE: excellent condition, 29,000 original miles, leather interior, loaded, always garaged. 620-597-2680, 918-533-6000. LC53-tf

BID NOTICES:

Invitation to Bid
The Board of Commisioners of Chautauqua County, Kansas will accept bids for furnishing of all labor and material, and performing all the work in accordance with the drawings and specifications for:
Repair of creek channel on Dalton Road 1/4 mile West of Elgin, KS.
Plans and Specifications are available in the Chautauqua County Road and Bridge office. The work is to be completed by May 29, 2009.
All bids should be received before 9:00 a.m., Tuesday, February 17, 2009. Bids received will be opened during the regular Commissioner meeting at that time.
For more information, you may contact the Chautauqua County Road and Bridge office at 215 N Chautauqua St, Sedan, KS. 67361 (Phone 620-725-5860). CQ4-3tb
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PROPOSALS WANTED: The City of Oswego is seeking proposals for custodial services at the Oswego Community Building. In addition to custodial services, marketing of the building will be considered, subject to final review and approval by the City Council. Details of the position requirements are available at the City Clerk’s Office, 703 Fifth Street, Oswego KS 67356. Proposals must be submitted by Friday, February 13, 2009, by 11:00 a.m. The City has the right to reject any or all proposals. LC4-3t
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BID NOTICE: The City of Bartlett is taking bids for the summer mowing in Bartlett. Must have commercial mowers and $1 million liability insurance. Please send bids to City of Bartlett, P. O. Box 4652, Bartlett, KS 67332. All bids must be received before March 1, 2009. If you have any questions regarding the mowing, please contact David Brown at 620-252-8156. LC6-1t

PETS & ANIMALS:

MINI SCHNAUZER: Two and a half year old miniature Schnauzer, spayed, friendly, lovable. Needs a good home. Leave a message at (620) 423-5320. LC5-2t

WANTED:

Bow hunter from east Texas interested in leasing land for Deer Season. I will respect your property. 903-753-1785 CQ5-4tp
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FIREARMS WANTED: Old, obsolete firearms. Gun parts bought and sold. Freedom Gun Shop, Chetopa. 620-236-7177. LC40-tf
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WANTED: Prom dresses, need to be clean and good shape. Stop by Traci’s Trends, 124 North Wabash, Howard, for details. 620-374-5040. CQ6-1t

HELP WANTED:

CNAs needed on all shifts at Chetopa Manor. Please come by at 814 Walnut or call 620-236-7248. EOE. LC46-tf
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SECRETARY/LEGAL ASST: Labette County Attorney’s Office is seeking a secretary/legal assistant. Must be able to work in busy office environment as a team player. Experience a plus. Pay starts at $9.14/hr. Benefits include vacation, insurance, retirement fund. Must pass pre-employment health and drug screens. Send resume and cover letter to P.O. Box 384, Oswego, KS 67356 or e-mail to pallen@labettecounty.com. No phone calls. Labette County is an equal opportunity employer. LC50-tf
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UTILITY DEPT: The City of Chetopa, Kansas is seeking applicants for the position of Utility Department Trainee. This position works in the Electric/Wastewater/Water distribution systems and involves reading water and electric meters. Applications are available at City Hall, 332 Maple St., and are to be returned to the City Clerk’s office. Applications will be accepted until the position is filled. Phone 620-236-7511. LC5-2t
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ATTN: Woodworkers/Cabinet Makers
with at least 5 years experience in high end Cabinet/Furniture building. Westoff Interiors, St. Paul, Ks., Custom Fabricators of Yacht Interiors, needs individuals qualified for these positions. Must be reliable, want to work, have good attitude, and good working habits. Good benefits and wages. Send your resume to kwaddell@westoffco.com, 620-449-2900 Website westoffco.com. MC-W4-4TB
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WATER DEPT: The City of Chetopa, Kansas is seeking applicants for a Certified Class II Water System Operator. Applications are available at City Hall, 332 Maple St., are to be returned to the City Clerk’s office. Applications will be accepted until the position is filled. Phone 620-236-7511. LC5-2t
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IN HOME HELP: One or two people needed for night support help for disabled woman in Oswego. Call (620) 795-2460.LC6-1t
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HELP WANTED: Mature couple wanted to live in apartment above Murdock Funeral Home. Duties include light cleaning, yard work, etc. If interested, call 620-795-2115. LC6-1t
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ROAD MAINTENANCE: Elk County Public Works is accepting applications for a road maintenance person. Job description and applications are available at the Public Works Department, Elk County Courthouse, Howard, Kansas. Elk County is a drug and alcohol free workplace. Valid Kansas drivers license and ability to secure a CDL is required. Elk County is an Equal Opportunity Employer. Applications accepted until job is filled. CQ6-4tb
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Be an ASAI Area Representative in your community. Nationwide nonprofit organization. Extra income from home. Work with High School Foreign Exchange Students. asainternational.com, greatplainskids.com, 1-866-775-5414. (KCAN)
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Mailing Brochures! Weekly pay + Bonus. Supplies furnished. Guaranteed Opportunity. Call now! 1-800-307-7131. (KCAN)
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Share your America! EF Foundation seeks families to open their homes to intn’l exchange students! Students are 15-18, insured, bringing spending $, speak English. 877-420-4885. (KCAN)
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CDL-A DRIVERS: Expanding Fleet offering Regional/OTR runs. Outstanding Pay Package. Excellent Benefits. Generous Hometime. $300 Lease Special on Volvos. NATIONAL CARRIERS 1-888-707-7729. www.nationalcarriers.com. (KCAN)
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Class A Long Haul Driver needed. Competitive incentive program. Please email resume or application to hr@hpsteaks.com or call 877-HP-STEAKS ext. 104. (KCAN)
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Drivers/CDL Career Training w/Central Refrigerated. We Train, Employ w/$0 Down Financing. Avg $40k 1st Year! 800-528-9277. (KCAN)
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Immediate Openings. CDL-A teams & drivers willing to team. Company team splits $1.06/mi. O/OP teams earn up to $2.25/mi. Hazmat required. $2,000 team sign-on bonus. 1-800-835-9471. (KCAN)

AREA SERVICES:

Top Notch Cleaning in Cherryvale has openings for residential cleaning in and around Independence area. References and insured call Sheila at 620-330-7087 or 620-336-8060. MC-T6-2tb
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CARPET AND UPHOLSTERY CLEANING - 30 years experience, commercial or residential. Vernon Sandusky, 620-922-3322. LC23-tf
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OSBORNE ROCK HAULING, LLC Rock, Sand, Topsoil, Fill Dirt & Lime. 620-795-2749 or 620-423-2532. LC31-tf
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PLUMB & SQUARE CONSTRUCTION now offering seamless gutters, many color options; specializing in roofing; new construction, renovations; decks; custom handrail; sheet rock; plumbing; electrical; soffitt; fascia; painting; doors and windows. (620) 762-3561. Eric Blundell, Owner/Operator. LC41-tf
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GREENWOOD TREE SERVICE AND GENERAL EXCAVATION AND CONCRETE - Licensed, Bonded, Insured. Phone 620-778-9224. LC3-tf
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WILLIAMS TREE SERVICE - Insured, free estimates, stump grinding, trees trimmed, brush and tree removal, chipper, bucket and grapple truck. Can’t reach or lift, call 620-374-2247. CQ1-tfn
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Lazy Bear Computers: in-home repair and upgrades. We come to you. 620-725-5465, 620-330-0330. www.lazybearcomputers.com. mjking@lazybearcomputers.com. CQ1-tfn
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Dozer for hire. D8 and D6, trackhoe, dump trucks, new ponds, pond repairs, brush and hedge row clearing, road construction and rock hauling. Riggs Welding, (620) 736-2038. CQ1-tfn
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MR. HANDYMAN NOW HAS ROTO SEWER CLEANING SERVICE. Call 620-725-3010 CQ1-tfn
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THOMAS TREE SERVICE - Tree trimming, removal and stump grinding, have chipper, grapple and bucket truck. Insured. Call for free estimates, 620-725-5722 or 620-249-8773. CQ-tfn
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SEPTIC TANKS - Sold and installed. Contact Roland Meisch at 620-374-2556. CQ1-tfn
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WICKHAM TRUCKING for your rock, sand, and dirt needs. Call 620-725-3317 or 620-249-2867. CQ1-tfn
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LEGAL SERVICES:

Social Security disability claims; Saunders & Saunders Attorneys at Law. No recovery, No fee! 1-800-259-8548. (KCAN)

FOR RENT:

FOR RENT IN OSWEGO: Nice 3 bedroom home. Central H/A, Stove, Refrigerator and Garage w/Carport. Deposit Required. 626 Kansas. No Pets Call 795-2653 after 5:30 pm. LC49-tf
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FOR RENT IN OSWEGO: 2/3 Bedroom, small single garage. $450 per month, plus $200 security deposit. Absolutely no pets. Fenced in backyard. Call 620-795-2617 or 620-423-9897. LC4-tf
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FOR RENT IN OSWEGO: Nice 1-Br furnished apartment, water paid. Call (405) 691-1282 or (405) 205-4398. LC5-tf
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FOR RENT IN CHETOPA: 224 12th St., 2 Bedroom House, $300 per month, $300 deposit. Ready in March. Taking applications now. 918-541-3820. LC6-tf
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FOR RENT IN OSWEGO: 2 Bedroom Mobile Home, CH/A, kitchen appliances. $300 per month. Call (620) 795-2471. LC6-tf
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FOR RENT IN CANEY: Two bedroom house in Caney with carport and storage shed. No pets. Call 620-879-2532. MC-B3-tfb
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FOR RENT IN SEDAN: 113 N. Hooper St. 620-725-5206 or 620-330-0542. CQ6-1tb
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6/BR $325/Mo! Bank Foreclosure! 4 Bed $199/Mo! 5% down 30 years @ 8% apr. for listings call 1-800-585-3560 ext B738. (KCAN)
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HUD Homes! 4/BR $269/Mo! 3/BR $199/Mo! 5% down 30 years @ 8% apr. for listings call 1-800-585-3560 ext 8468. (KCAN)

REAL ESTATE:

For Sale in Severy: 3 bedroom remodeled house, 3 lots, handicap accessible, 2 bath (one handicap). 1 large barn, 20’ x 24’ front deck. 2 vehicle carport. 300 W. Water St. $55,000 (negotiable). Further details will be provided by calling 620-736-2219 or 316-680-1921. CQ6-5tb
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For Sale at 806 N. Main in Moline: Large 2 story home on 4 lots. 5 bedroom, 1.5 baths, LR DR, utility room, partial basement. Needs repair, and is being sold as is. Accepting written offers until February 17. For pricing and information call 620-374-2127 and ask for Richard or Marty. CQ5-2tb

MOBILE HOMES:

SPECIAL GOVERNMENT PROGRAM Zero Down. Bad, Good or Limit Credit OK! If you Own Land or Family will give you Land. Call anytime for approval. 918-520-0804. CQ6-3tb
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#1 Dealer in Oklahoma for Manufactured Homes: (We Own the Bank! $$$). Damaged credit OK, low payments, 0 down if you own land or relative will give you land. New and used homes available. Economic stimulus packages available for landowners plus a 7,500 tax rebate! Call Dan, 918-630-2949. MC-O5-tfb
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Special Government Program: Zero Down, no money out of your pocket!! If you own land, or family will give you land. Bad Credit okay. Trades welcome. Easy qualification by phone: 918-832-9888. CQ5-4tb
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Government Loans for Manufactured Homes. First Time Buyers, SSI/Disability, Single Parents, $1200.00/mo income required. Call 918-832-4059 CQ5-4tb

EDUCATIONAL:

Airlines Are Hiring - Train for high paying Aviation Maintenance Career. FAA approved program. Financial aid if qualified - Housing Available. Call Aviation Institute of Maintenance. (888) 349-5387. (KCAN)
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Attend College online from Home. Medical, Business, Paralegal, Computers, Criminal Justice. Job placement assistance. Computer available. Financial Aid if qualified. Call 866-858-2121 www.CenturaOnline.com. (KCAN)
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MISSOURI WELDING INSTITUTE. Nevada, Missouri. Become a Certified Pipe/Structural Welder. Graduate in 18 weeks, earn up to $35/hour. Companies calling weekly searching for our graduates. 1-800-667-5885. (KCAN)

Business Opportunity:

100% Recession Proof! Do you earn $800 in a day? Your own local candy route. Includes 25 Machines and Candy. All for $9995. 1-888-753-3441. (KCAN)